`571.272.7822
`
`
`
`
`
`
` Paper No. 29
` Entered: April 23, 2020
`
`
`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.
`____________
`
`IPR2019-00942
`Patent 8,677,250 B2
`___________
`
`
`
`Before MIRIAM L. QUINN, GARTH D. BAER, and AARON W. MOORE,
`Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion for Pro Hac Vice
`Admission of Sam Stake
`37 C.F.R. § 42.10
`
`Patent Owner filed a Motion for pro hac vice admission of Sam Stake
`in the above-captioned proceeding. Paper 28 (“Motion” or “Mot.”). Patent
`Owner also filed a Declaration of Mr. Stake in support of the Motion. Ex.
`
`
`
`
`
`IPR2019-00942
`Patent 8,677,250 B2
`
`
`2006. Patent Owner represents that Petitioner does not oppose the Motion.
`Mot. 2.1
`Pursuant to 37 C.F.R. § 42.10(c), we may recognize counsel pro hac
`vice during a proceeding upon a showing of good cause, subject to the
`condition that lead counsel be a registered practitioner. The Motion states
`that there is good cause for the Board to recognize Mr. Stake as counsel pro
`hac vice because Mr. Stake is an experienced litigation attorney with a
`significant amount of patent infringement litigation experience, and because
`Mr. Stake has established familiarity with the subject matter at issue in the
`instant proceedings. Mot. 2–3; see also Ex. 2006 ¶¶ 2, 8. The Motion also
`indicates that Patent Owner’s lead counsel, James M. Glass, is a registered
`practitioner. Mot. 2; see also Paper 33, 2.
`Based on the facts stated in the Motion and averred in the Declaration,
`we conclude that Mr. Stake has sufficient qualifications to represent Patent
`Owner in the instant proceeding. The Motion is hereby granted, and
`Mr. Stake will be permitted to appear pro hac vice the instant proceeding as
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that Patent Owner filed a power of attorney for Mr. Stake.
`Paper 26. Additionally, Patent Owner’s mandatory notices have been
`updated to include Mr. Stake. Paper 27.
`
`
`1 Patent Owner’s Motion does not include page numbers. For convenience,
`we refer herein to the pages of the Motion as if numbered consecutively
`beginning with the cover page as page 1.
`
`2
`
`
`
`IPR2019-00942
`Patent 8,677,250 B2
`
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`Sam Stake in the instant proceeding is granted;
`
`FURTHER ORDERED that Mr. Stake is authorized to represent
`Patent Owner only as back-up counsel in the instant proceeding;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel in the instant proceeding;
`FURTHER ORDERED that Mr. Stake is to comply with the Office
`Patent Trial Practice Guide (84 Fed. Reg. 64,280 (Nov. 21, 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. Stake is to be 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
`
`
`
`IPR2019-00942
`Patent 8,677,250 B2
`
`
`
`FOR PETITIONER:
`
`Heidi L. Keefe
`hkeefe@cooley.com
`Andrew C. Mace
`amace@cooley.com
`Mark R. Weinstein
`mweinstein@cooley.com
`Yuan Liang
`yliang@cooley.com
`
`FOR PATENT OWNER:
`
`James M. Glass
`jimglass@quinnemanuel.com
`Sam Stake
`samstake@quinnemanuel.com
`Ogi Zivojnovic
`ogizivojnovic@quinnemaneul.com
`John McKee
`qe-blackberry-ipr@quinnemanuel.com
`
`4
`
`
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