`Tel: 571-272-7822
`
`Paper 13
`Entered: April 3, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CONEX UNIVERSAL LIMITED,
`Petitioner,
`
`v.
`
`RLS LLC,
`Patent Owner.
`
`Case IPR2019-00590 (Patent 9,145,992 B2)
`Case IPR2019-00615 (Patent 9,638,361 B2)1
`
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, RICHARD H. MARSCHALL, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Granting Petitioner’s Revised Motion
`for Admission Pro Hac Vice of Marc C. Levy
`37 C.F.R § 42.10
`
`
`1 We exercise our discretion to issue one order to be entered in above-
`referenced proceedings. The Parties are not authorized to use this caption
`without prior Board approval.
`
`
`
`IPR2019-00590 (Patent 9,145,992 B2)
`IPR2019-00615 (Patent 9,638,361 B2)
`
`Petitioner previously moved for admission pro hac vice of Marc C.
`
`Levy in each of the above-referenced proceedings (collectively, “Original
`
`Motions”). Paper 6, 1–3.2 We denied Petitioner’s Original Motions without
`
`prejudice because affidavits filed in support of the Original Motions
`
`(Paper 6, 4–6) (1) did not meet the requirements for affidavits or
`
`declarations under our Rules and (2) were not filed as exhibits (Paper 10).
`
`We also expressly authorized Petitioner to file revised motions seeking
`
`admission pro hac vice for Mr. Levy. Paper 10, 4.
`
`Petitioner filed such revised motions in each of the above-referenced
`
`proceedings (collectively, “Revised Motions”). Paper 11. Petitioner
`
`concurrently filed Declarations of Mr. Levy in support of the Revised
`
`Motions as separate exhibits, curing the issues identified in our previous
`
`Order.3 Ex. 1026.4 Petitioner represents that Patent Owner does not oppose
`
`the Revised Motions. See Paper 11, 2. After considering Petitioner’s
`
`Revised Motions and supporting Declarations, it is:
`
`ORDERED that Petitioner’s Revised Motion for Admission Pro Hac
`
`Vice of Marc C. Levy in each of the above-referenced proceedings is
`
`granted;
`
`
`2 For purposes of expediency, we refer to papers and exhibits filed in
`IPR2019-00590. Petitioner filed substantively identical papers and exhibits
`in IPR2019-00615.
`
`3 Mr. Levy has declared that “[n]o application for my admission to practice
`before any court or administrative body has been denied.” Ex. 1026 ¶ 3.
`Because we grant this Revised Motion, we do not consider our previous
`denial of Mr. Levy’s application for admission pro hac vice to be
`inconsistent with Mr. Levy’s declaration.
`
`4 Petitioner filed similar Exhibits in IPR2019-00615. Ex. 1029.
`
`2
`
`
`
`IPR2019-00590 (Patent 9,145,992 B2)
`IPR2019-00615 (Patent 9,638,361 B2)
`
`FURTHER ORDERED that Mr. Levy is authorized to represent
`
`Petitioner as back-up counsel only in these proceedings;
`
`FURTHER ORDERED that Petitioner shall continue to designate a
`
`registered practitioner as lead counsel in these proceedings;
`
`FURTHER ORDERED that Mr. Levy 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
`
`FURTHER ORDERED that Mr. Levy 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
`
`
`
`IPR2019-00590 (Patent 9,145,992 B2)
`IPR2019-00615 (Patent 9,638,361 B2)
`
`PETITIONER:
`
`Thomas A. Shewmake
`Marc C. Levy
`SEED IP LAW GROUP LLP
`TomShewmake@seedip.com
`MarcL@seedip.com
`
`PATENT OWNER:
`
`Christopher J. Renk
`Michael J. Harris
`BANNER & WITCOFF, LTD.
`crenk@bannerwitcoff.com
`mharris@bannerwitcoff.com
`
`4
`
`
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