`571-272-7822
`
` Paper 48
` Date: September 25, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MMODAL LLC,
`Petitioner,
`
`v.
`
`NUANCE COMMUNICATIONS, INC.,
`Patent Owner.
`____________
`
`IPR2018-01355 (Patent 7,379,946 B2)
`IPR2018-01431 (Patent 8,117,034 B2)
`IPR2018-01435 (Patent 6,999,933 B2)
`IPR2019-00210 (Patent 9,818,398 B2)
`IPR2019-00306 (Patent 8,738,403 B2)1
`____________
`
`Before KEN B. BARRETT, NEIL T. POWELL, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`ORDER
`Granting Petitioner’s Motions for Pro Hac Vice Admission of
`David K. Callahan and Kevin C. Wheeler
`37 C.F.R. § 42.10
`
`1 This Order applies to all of the captioned cases. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2018-01355 (Patent 7,379,946 B2)
`IPR2018-01431 (Patent 8,117,034 B2)
`IPR2018-01435 (Patent 6,999,933 B2)
`IPR2019-00210 (Patent 9,818,398 B2)
`IPR2019-00306 (Patent 8,738,403 B2)
`
`
`
`Petitioner MModal LLC filed, in each of the above-captioned cases,
`
`an Unopposed Motion for Pro Hac Vice Admission of David K. Callahan
`
`and an accompanying Declaration. IPR2018-01355, Paper 28, Ex. 1032;
`
`IPR2018-01431, Paper 38, Ex. 1022; IPR2018-01435, Paper 40, Ex. 1022;
`
`IPR2019-00210, Paper 20, Ex. 1040; IPR2019-00306, Paper 21, Ex. 1032.
`
`
`
`Petitioner also filed, in each of the above-captioned cases, an
`
`Unopposed Motion for Pro Hac Vice Admission of Kevin C. Wheeler and
`
`an accompanying Declaration. IPR2018-01355, Paper 29, Ex. 1031;
`
`IPR2018-01431, Paper 39, Ex. 1021; IPR2018-01435, Paper 41, Ex. 1021;
`
`IPR2019-00210, Paper 22, Ex. 1039; IPR2019-00306, Paper 22, Ex. 1031.
`
`
`
`Petitioner represents that it has conferred with Patent Owner Nuance
`
`Communications, Inc., and that Patent Owner does not oppose the motions.
`
`E.g., IPR2018-01355, Paper 28, 1.
`
`
`
`The Board has reviewed the submissions and determined that the
`
`requirements of 37 C.F.R. § 42.10 have been met and there is good cause to
`
`admit Mr. Callahan and Mr. Wheeler pro hac vice.
`
`
`
`
`
`It is, therefore,
`
`ORDERED that Petitioner’s Motions for Pro Hac Vice Admission of
`
`Mr. Callahan and Mr. Wheeler are granted;
`
`
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner as lead counsel in the instant proceedings, but
`
`Mr. Callahan and Mr. Wheeler are authorized to be designated as backup
`
`counsel;
`
`2
`
`
`
`IPR2018-01355 (Patent 7,379,946 B2)
`IPR2018-01431 (Patent 8,117,034 B2)
`IPR2018-01435 (Patent 6,999,933 B2)
`IPR2019-00210 (Patent 9,818,398 B2)
`IPR2019-00306 (Patent 8,738,403 B2)
`
`
`
`FURTHER ORDERED that Petitioner must file updated mandatory
`
`notices identifying Mr. Callahan and Mr. Wheeler as back-up counsel in
`
`accordance with 37 C.F.R. § 42.8(b)(3);
`
`
`
`FURTHER ORDERED that, within ten (10) business days of the date
`
`of this order, Petitioner must submit Powers of Attorney for Mr. Callahan
`
`and Mr. Wheeler in accordance with 37 C.F.R. § 42.10(b)
`
`
`
`FURTHER ORDERED that Mr. Callahan and Mr. Wheeler are to
`
`comply with the Office Patent Trial Practice Guide, as updated by the
`
`August 2018 Update, 83 Fed. Reg. 39,989 (Aug. 13, 2018) and as updated
`
`by the July 2019 Update, 84 Fed. Reg. 33,925 (July 16, 2019), and the
`
`Board’s Rules of Practice for Trials, as set forth in Title 37, Part 42 of the
`
`C.F.R., and are subject to the USPTO’s disciplinary jurisdiction under
`
`37 C.F.R. § 11.19(a) and the USPTO Rules of Professional Conduct as set
`
`forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01355 (Patent 7,379,946 B2)
`IPR2018-01431 (Patent 8,117,034 B2)
`IPR2018-01435 (Patent 6,999,933 B2)
`IPR2019-00210 (Patent 9,818,398 B2)
`IPR2019-00306 (Patent 8,738,403 B2)
`
`
`
`PETITIONER:
`
`Jon Strang
`Jonathan.strang@lw.com
`
`Inge Osman
`Inge.osman@lw.com
`
`Jarrad Gunther
`jmgunther@duanemorris.com
`
`Patrick Muldoon
`pcmuldoon@duanemorris.com
`
`D. Joseph English
`djenglish@duanemorris.com
`
`PATENT OWNER:
`
`Richard Giunta
`Rgiunta-ptab@wolfgreenfield.com
`
`Marc Johannes
`Mjohannes-ptab@wolfgreenfield.com
`
`Andrew Tibbetts
`Atibbetts-ptab@wolfgreenfield.com
`
`Elisabeth Hunt
`Ehunt-ptab@wolfgreenfield.com
`
`
`
`
`
`
`4
`
`
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