`571-272-7822
`
` Paper No. 16
`
`Date Entered: February 28, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE (USA), Inc.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`____________
`
`Cases IPR2019-00412 (Patent 9,351,254 B2)
`IPR2019-00460 (Patent 9,516,127 B2)
`IPR2019-00461 (Patent 9,516,129 B2)1
`____________
`
`
`
`Before THU A. DANG, KARL D. EASTHOM, JONI Y. CHANG,
`THOMAS L. GIANNETTI, ROBERT J. WEINSCHENK, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.2
`
`CHANG, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motions for Pro Hac Vice Admission
`of Nathan Nobu Lowenstein
` 37 C.F.R. § 42.10
`
`
`1 This Order addresses issues that are the same in above-captioned cases. We
`exercise our discretion to issue one Order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`2 This is not an expanded panel of the Board. It is a listing of all the Judges on the
`panels of the above-listed proceedings.
`
`
`
`IPR2019-00412 (Patent 9,351,254 B2)
`IPR2019-00460 (Patent 9,516,127 B2)
`IPR2019-00461 (Patent 9,516,129 B2)
`
`
`
`
`Patent Owner filed Motions for pro hac vice admission of Nathan Nobu
`Lowenstein (“Motions”) (Paper 73) supported by Declarations of Mr. Lowenstein
`(“Declaration”) (Ex. 2001) in each of the above-identified proceedings. Petitioner
`has not opposed the Motions. For the reasons provided below, Patent Owner’s
`Motions are granted.
`Under 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac vice
`during a proceeding upon a showing of good cause. In authorizing a motion for
`pro hac vice admission, the Board requires the moving party to provide a statement
`of facts showing there is good cause for the Board to recognize counsel pro hac
`vice and an affidavit or declaration of the individual seeking to appear in the
`proceeding. See Paper 6, 2 (citing Unified Patents, Inc. v. Parallel Iron, LLC, Case
`IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7) (representative “Order –
`Authorizing Motion for Pro Hac Vice Admission”)).
`In these proceedings, lead counsel for Patent Owner, Kenneth J.
`Weatherwax, a registered practitioner, filed the Motions. Paper 7, 10. In the
`Motions, Patent Owner states there is good cause for the Board to recognize
`Mr. Lowenstein pro hac vice during these proceedings because he is an
`experienced patent litigator with “extensive experience in patent litigation and post
`grant patent proceedings” and “has an established familiarity with the subject
`matter at issue, including the patents, petitions, and references.” Id. at 9.
`
`
`3 For purposes of expediency, we refer to the papers and exhibits filed in
`IPR2019-00412. Patent Owner filed similar papers and exhibits in IPR2019-00460
`and IPR2019-00461.
`
`
`
`2
`
`
`
`IPR2019-00412 (Patent 9,351,254 B2)
`IPR2019-00460 (Patent 9,516,127 B2)
`IPR2019-00461 (Patent 9,516,129 B2)
`
`
`Upon review of Patent Owner’s Motions and supporting evidence, we
`determine that Patent Owner has demonstrated that Mr. Lowenstein has sufficient
`legal and technical qualifications to represent Patent Owner in these proceedings.
`Paper 7; Ex. 2001. We also recognize that there is a need for Patent Owner to have
`Mr. Lowenstein be involved in these proceedings. Accordingly, Patent Owner has
`established that there is good cause for admitting Mr. Lowenstein.
`In consideration of the foregoing, it is hereby:
`ORDERED that the Patent Owner’s Motions for Pro Hac Vice Admission
`for Nathan Nobu Lowenstein are GRANTED; Mr. Lowenstein is authorized to
`represent Patent Owner only as back-up counsel in these proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a registered
`practitioner represent it as lead counsel for these proceedings;
`FURTHER ORDERED that Mr. Lowenstein shall comply with the Office
`Patent Trial Practice Guide, as updated by the Office Patent Trial Practice Guide
`August 2018 Update, 83 Federal Register 39,989 (Aug. 13, 2018), and the Board’s
`Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.; and he is subject to
`the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2019-00412 (Patent 9,351,254 B2)
`IPR2019-00460 (Patent 9,516,127 B2)
`IPR2019-00461 (Patent 9,516,129 B2)
`
`
`
`
`FOR PETITIONER:
`James Sobieraj
`Jon Beaupré
`Yuezhong Feng
`Andrea Shoffstall
`BRINKS GILSON & LIONE
`jsobieraj@brinksgilson.com
`jbeaupre@brinksgilson.com
`yfeng@brinksgilson.com
`ashoffstall@brinksgilson.com
`
`
`
`FOR PATENT OWNER:
`Kenneth Weatherwax
`Nathan Lowenstein
`Edward Hsieh
`Parham Hendifar
`Patrick Maloney
`Lowenstein & Weatherwax LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`hsieh@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`
`
`
`
`4
`
`
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