`571-272-7822
`
`
`
`
`Paper 19
`Entered: August 10, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`BAUSCH HEALTH COMPANIES INC. AND
`BAUSCH HEALTH US LLC,
`Petitioner,
`
`v.
`
`FLOW PHARMA INC.,
`Patent Owner.
`____________
`
`Case IPR2020-00165
`Patent 8,138,157 B2
`____________
`
`Before SUSAN L. C. MITCHELL, ROBERT A. POLLOCK, and
`JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`SCHNEIDER, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Petitioner’s Motion for Pro Hac Vice
`Admission of Steven C. Kline
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2020-00165
`Patent 8,138,157 B2
`
`
`Petitioner filed a Motion for Pro Hac Vice admission of Steven C.
`Kline (Paper 11 (“Motion”)) as well as a supporting declaration from
`Mr. Kline (Exhibit 1038 (“Declaration”)) in the above-listed proceeding.
`Patent Owner did not oppose the Motion within the requisite time period.
`For the following reasons, the Motion is granted.
`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, Case IPR2013-00639 (PTAB Oct. 15, 2013)
`(Paper 7) (representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`Having reviewed the Motion and supporting Declaration, good cause
`exists for granting admission pro hac vice to Mr. Kline.
`Accordingly, it is:
`ORDERED that the Motion for Pro Hac Vice Admission of Steven C.
`Kline is granted;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Petitioner as lead counsel in the above-listed proceeding;
`FURTHER ORDERED that Mr. Kline is authorized to represent
`Petitioner only as back-up counsel in this proceeding;
`FURTHER ORDERED that Mr. Kline shall comply with the Office’s
`America Invents Act (AIA) Trial Practice Guide, as updated by the
`Consolidated Trial Practice Guide (“Consolidated Practice Guide”),
`
`2
`
`
`
`IPR2020-00165
`Patent 8,138,157 B2
`
`available at https://www.uspto.gov/TrialPracticeGuideConsolidated; see
`also 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;
`FURTHER ORDERED that that Mr. Kline is subject to the USPTO’s
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and to
`the USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a); and
` FURTHER ORDERED that Petitioner shall submit an updated
`mandatory notice identifying Mr. Kline as back-up counsel in the above-
`listed proceeding, in accordance with 37 C.F.R. § 42.8(b)(3).
`
`
`
`3
`
`
`
`IPR2020-00165
`Patent 8,138,157 B2
`
`PETITIONER:
`
`Scott K. Reed
`Shannon K. Clark
`VENABLE LLP
`arestin@venable.com
`skclark@venable.com
`
`
`PATENT OWNER:
`
`Gary F. Wang
`LAW OFFICES OF GARY F. WANG
`garywand@gfwanglaw.com
`
`Karl Bozicevic
`BOZICEVIC, FIELD & FRANCIS LLP
`bozicevic@bozpat.com
`
`4
`
`
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