`Tel: 571-272-7822
`
`Paper 13
`Entered: October 31, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FACEBOOK, INC., INSTAGRAM, LLC,
`and WHATSAPP INC.,
`Petitioner
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`
`Case IPR2019-00516
`Case IPR2019-00528
`Case IPR2019-00899
`Patent 8,279,173 B2
`
`Case IPR2019-00706
`Patent 9,349,120 B21
`
`Before MICHAEL R. ZECHER, MIRIAM L. QUINN, ROBERT L.
`KINDER, JACQUELINE T. HARLOW, and AARON W. MOORE,
`Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`1 In IPR2019-00937, Snap Inc. filed a petition and a motion for joinder to
`IPR2019-00899, both of which have been granted. Therefore, Snap Inc. has
`been joined as a petitioner in IPR2019-00899. This Order addresses an issue
`common to the identified proceedings. We exercise our discretion to issue
`one Order. The parties are not authorized to use this style heading.
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`IPR2019-00706 (Patent 9,349,120 B2)
`IPR2019-00899 (Patent 8,301,713 B2)
`
`
`
`ORDER2
`Granting Petitioner’s Unopposed Motions
`for Pro Hac Vice Admission of Mark R. Weinstein
`37 C.F.R. § 42.10(c)
`
`
`
`On October 16, 2019, Petitioner filed motions requesting pro hac vice
`
`admission of Mark R. Weinstein. Paper 18 (“Motions”).3 Petitioner
`
`submitted declarations from Mr. Weinstein in support of the Motions.
`
`Ex. 1029 (“Declarations”). Patent Owner has not opposed the Motions.
`
`In accordance with 37 C.F.R. § 42.10(c), we 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 Unified Patents,
`
`Inc. v. Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013).
`
`Based on the facts set forth in the Motions and the accompanying
`
`Declarations, we conclude that Mr. Weinstein has sufficient legal and
`
`technical qualifications to represent Petitioner in the above-identified
`
`
`2 This is not a decision by an expanded panel of the Board. Judges Moore
`and Quinn are paneled in IPR2019-00706, IPR2019-00899, IPR2019-00516,
`and IPR2019-00528. Judge Harlow is paneled in IPR2019-00516 and
`IPR2019-00528. Judge Zecher is paneled in IPR2019-00706. Judge Kinder
`is paneled in IPR2019-00899.
`
`3 We cite to documents filed in IPR2019-00899. Similar documents were
`filed in IPR2019-00516, IPR2019-00528, and IPR2019-00706.
`
`
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`IPR2019-00706 (Patent 9,349,120 B2)
`IPR2019-00899 (Patent 8,301,713 B2)
`
`
`proceedings, that Mr. Weinstein has demonstrated sufficient familiarity with
`
`the subject matter, and that Petitioner’s desire to include counsel from the
`
`corresponding district court proceedings is reasonable. Accordingly, we
`
`conclude that Petitioner has established good cause for pro hac vice
`
`admission of Mr. Weinstein.
`
`
`
`
`
`In consideration of the foregoing, it is hereby
`
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`
`Mark R. Weinstein are granted;
`
`FURTHER ORDERED that Petitioner continue to have a registered
`
`practitioner represent it as lead counsel in the above-identified proceedings,
`
`and that Mr. Weinstein is authorized to act only as back-up counsel;
`
`FURTHER ORDERED that Mr. Weinstein comply with the Office
`
`Patent Trial Practice Guide, including the August 2018 Update (83 Fed. Reg.
`
`39,989 (Aug. 13, 2018)) and 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
`
`Part 42 of Title 37, Code of Federal Regulations; and
`
`FURTHER ORDERED that Mr. Weinstein 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.
`
`
`
`
`
`
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`IPR2019-00706 (Patent 9,349,120 B2)
`IPR2019-00899 (Patent 8,301,713 B2)
`
`
`PETITIONER:
`
`Heidi Keefe
`hkeefe@cooley.com
`
`Andrew Mace
`amace@cooley.com
`
`
`PATENT OWNER:
`
`James Glass
`jimglass@quinnemanuel.com
`
`Richard Lowry
`richardlowry@quinnemanuel.com
`
`Ognjen Zivojnovic
`ogizivojnovic@quinnemanuel.com
`
`Sam Stake
`samstake@quinnemanuel.com
`
`Alex Wolinksky
`alexwolinsky@quinnemanuel.com
`
`Michael T. Hawkins
`hawkins@fr.com
`
`Thao Thai
`tahothai@quinnemanuel.com
`
`Nien-Ping Wang
`ianwang@quinnemanuel.com
`
`
`
`
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`IPR2019-00706 (Patent 9,349,120 B2)
`IPR2019-00899 (Patent 8,301,713 B2)
`
`
`Nicholas Stephens
`nstephens@fr.com
`
`Craig A. Deutsch
`deutsch@fr.com
`
`Kim Leung
`leung@fr.com
`
`
`
`
`
`
`
`
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