Trials@uspto.gov
`571-272-7822
`
`Paper: 15
`Entered: September 17, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`____________
`
`IPR2020-00235 (Patent 10,091,734 B2)
`IPR2020-00236 (Patent 9,369,539 B2)
`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00285 (Patent 10,039,029 B2)1
`____________
`
`Before THU A. DANG, KARL D. EASTHOM, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motions for Admission
`Pro Hac Vice of Jonathan Bright
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order applies to all of the above-identified proceedings.
`
`
`571-272-7822
`
`Paper: 15
`Entered: September 17, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`____________
`
`IPR2020-00235 (Patent 10,091,734 B2)
`IPR2020-00236 (Patent 9,369,539 B2)
`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00285 (Patent 10,039,029 B2)1
`____________
`
`Before THU A. DANG, KARL D. EASTHOM, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motions for Admission
`Pro Hac Vice of Jonathan Bright
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order applies to all of the above-identified proceedings.
`
`
`
`IPR2020-00235 (Patent 10,091,734 B2)
`IPR2020-00236 (Patent 9,369,539 B2)
`IPR2020-00255 (Patent 9,516.127 B2)
`IPR2020-00285 (Patent 10,039,029 B2)
`
`
`On September 15, 2020, Petitioner filed motions for admission pro
`hac vice of Jonathan Bright in each of the above-identified proceedings
`(collectively “Motions”). Paper 13.2 Petitioner also filed declarations of
`Mr. Bright in support of the Motions (collectively “Declarations”). Ex.
`1054.3 Petitioner states that Patent Owner does not oppose the Motions.
`Paper 13, 1. For the reasons provided below, Petitioner’s Motions are
`granted.
`Pursuant to 37 C.F.R. § 42.10(c), the Board 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. In its notice
`authorizing motions for pro hac vice admission, the Board requires 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 this proceeding. See Paper 3, 2 (citing Unified Patents, Inc. v.
`Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013)
`(representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Bright has sufficient legal and technical
`qualifications to represent Petitioner in these proceedings, that Mr. Bright
`
`
`2 For purposes of expediency, we cite to Papers filed in IPR2020-00235.
`Petitioner filed similar Motions in IPR2020-00236 (Paper 16), IPR2020-
`00255 (Paper 21), and IPR2020-00285 (Paper 18).
`3 For purposes of expediency, we cite to Exhibits filed in IPR2020-00235.
`Petitioner filed similar Declarations in IPR 2020-00236 (Ex. 1046),
`IPR2020-00255 (Ex. 1054), and IPR2020-00285 (Ex. 1055).
`2
`
`
`
`
`
`IPR2020-00235 (Patent 10,091,734 B2)
`IPR2020-00236 (Patent 9,369,539 B2)
`IPR2020-00255 (Patent 9,516.127 B2)
`IPR2020-00285 (Patent 10,039,029 B2)
`
`has demonstrated sufficient familiarity with the subject matter of these
`proceedings, and that Petitioner’s intent to be represented by counsel with
`litigation experience is warranted. Accordingly, Petitioner has established
`good cause for pro hac vice admission of Mr. Bright. Mr. Bright will be
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that although Petitioner filed updated Mandatory Notices
`with the Motions, the updated Mandatory Notices do not identify Mr. Bright
`as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3). See
`IPR2020-00235, Paper 14 and IPR2020-00255, Paper 21.4
`Accordingly, it is
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Mr. Jonathan Bright are granted;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Bright is authorized to represent
`Petitioner only as back-up counsel in the above-identified proceedings;
`FURTHER ORDERED that Mr. Bright is to comply with the Office
`Patent Trial Practice Guide5 (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 Regulations6;
`
`4 No updated Mandatory Notices were filed with IPR2020-00236 and
`IPR2020-00285.
`5 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`6 The Declarations state that “I have read and will comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
`3
`
`
`
`
`
`IPR2020-00235 (Patent 10,091,734 B2)
`IPR2020-00236 (Patent 9,369,539 B2)
`IPR2020-00255 (Patent 9,516.127 B2)
`IPR2020-00285 (Patent 10,039,029 B2)
`
`
`FURTHER ORDERED that Mr. Bright shall 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.;
`FURTHER ORDERED that, within ten (10) business days of the date
`of this Order, Petitioner must submit Powers of Attorney for Mr. Bright in
`each of the above-identified proceedings in accordance with 37 C.F.R.
`§ 42.10(b); and
`FURTHER ORDERED that Petitioner shall file updated Mandatory
`Notices in each of the above-identified proceedings in accordance with
`37 C.F.R. § 42.8(b)(3), identifying Mr. Bright as back-up counsel.
`
`
`
`
`
`
`
`
`
`forth in part 42 of the Code of Federal Regulations.” Ex. 1054 ¶ 5. The
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials are set forth in Part 42 of Title 37, Code of Federal Regulations.
`4
`
`
`
`
`
`IPR2020-00235 (Patent 10,091,734 B2)
`IPR2020-00236 (Patent 9,369,539 B2)
`IPR2020-00255 (Patent 9,516.127 B2)
`IPR2020-00285 (Patent 10,039,029 B2)
`
`For Petitioner:
`
`Walter K. Renner
` Jeremy Monaldo
`Craig A. Deutsch
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`deutsch@fr.com
`
`
`For Patent Owner:
`
`Kenneth Weatherwax
`Bridget Smith
`Patrick Maloney
`Flavio Rose
`Parham Hendifar
`Edward Hsieh
`Jason Linger
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`smith@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`rose@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`hsieh@lowensteinweatherwax.com
`linger@lowensteinweatherwax.com
`
`
`
`
`
`5
`
`
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