throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 13
`Entered: September 2, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`____________
`
`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00280 (Patent 10,027,619 B2)
`IPR2020-00281 (Patent 10,027,619 B2)
`IPR2020-00506 (Patent 9,769,176 B1)
`IPR2020-00507 (Patent 10,243,962 B1)
`IPR2020-00584 (Patent 9,603,056 B2)1
`____________
`
`Before THU A. DANG, KARL D. EASTHOM, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motions for Admission
`Pro Hac Vice of Nathan Nobu Lowenstein
`37 C.F.R. § 42.10
`
`1 This Order applies to all of the above-identified proceedings.
`
`

`

`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00280 (Patent 10,027,619 B2)
`IPR2020-00281 (Patent 10,027,619 B2)
`IPR2020-00506 (Patent 9,769,176 B1)
`IPR2020-00507 (Patent 10,243,962 B1)
`IPR2020-00584 (Patent 9,603,056 B2)
`
`
`On August 12, 2020, Patent Owner filed motions for admission pro
`hac vice of Nathan Nobu Lowenstein in each of the above-identified
`proceedings (collectively “Motions”). Paper 16.2 Patent Owner also filed
`declarations of Mr. Lowenstein in support of the Motions (collectively
`“Declarations”). Ex. 2001.3 Patent Owner states that Petitioner does not
`oppose the Motions. Paper 16, 1. For the reasons provided below, Patent
`Owner’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 4, 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”)).
`
`
`2 For purposes of expediency, we cite to Papers filed in IPR2020-00255.
`Patent Owner filed similar Motions in IPR2020-00280 (Paper 9), IPR2020-
`00281 (Paper 9), IPR2020-00506 (Paper 10), IPR2020-00507 (Paper 8), and
`IPR2020-00584 (Paper 8).
`3 For purposes of expediency, we cite to Exhibits filed in IPR2020-00255.
`Patent Owner filed similar Declarations in IPR2020-00280 (Ex. 2001),
`IPR2020-00281 (Ex. 2001), IPR2020-00506 (Ex. 2022), IPR2020-00507
`(Ex. 2001), and IPR2020-00584 (Ex. 2001).
`2
`
`
`
`

`

`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00280 (Patent 10,027,619 B2)
`IPR2020-00281 (Patent 10,027,619 B2)
`IPR2020-00506 (Patent 9,769,176 B1)
`IPR2020-00507 (Patent 10,243,962 B1)
`IPR2020-00584 (Patent 9,603,056 B2)
`
`
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Lowenstein has sufficient legal and
`technical qualifications to represent Patent Owner in these proceedings, that
`Mr. Lowenstein has demonstrated sufficient familiarity with the subject
`matter of these proceedings, and that Patent Owner’s intent to be represented
`by counsel with litigation experience is warranted. Accordingly, Patent
`Owner has established good cause for pro hac vice admission of Mr.
`Lowenstein. Mr. Lowenstein will be permitted to serve as back-up counsel
`only. See 37 C.F.R. § 42.10(c).
`We note that Patent Owner has filed a Power of Attorney including
`Mr. Lowenstein in accordance with 37 C.F.R. § 42.10(b). IPR2020-00255,
`Paper 6; IPR2020-00280, Paper 6; IPR2020-00281, Paper 6; IPR2020-
`00506, Paper 5; IPR2020-00507, Paper 5; and IPR2020-00584, Paper 5.
`Patent Owner has also filed Mandatory Notices identifying Mr. Lowenstein
`as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3). IPR2020-
`00255, Paper 5; IPR2020-00280, Paper 5; IPR2020-00281, Paper 5;
`IPR2020-00506, Paper 4; IPR2020-00507, Paper 4; and IPR2020-00584,
`Paper 4.
`Accordingly, it is
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Mr. Nathan Nobu Lowenstein are granted;
`
`
`
`3
`
`

`

`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00280 (Patent 10,027,619 B2)
`IPR2020-00281 (Patent 10,027,619 B2)
`IPR2020-00506 (Patent 9,769,176 B1)
`IPR2020-00507 (Patent 10,243,962 B1)
`IPR2020-00584 (Patent 9,603,056 B2)
`
`
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Lowenstein is authorized to represent
`Patent Owner only as back-up counsel in the above-identified proceedings;
`FURTHER ORDERED that Mr. Lowenstein 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. Lowenstein 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.
`
`
`
`
`
`
`4
`
`

`

`IPR2020-00255 (Patent 9,516,127 B2)
`IPR2020-00280 (Patent 10,027,619 B2)
`IPR2020-00281 (Patent 10,027,619 B2)
`IPR2020-00506 (Patent 9,769,176 B1)
`IPR2020-00507 (Patent 10,243,962 B1)
`IPR2020-00584 (Patent 9,603,056 B2)
`
`
`
`For Petitioner:
`
`Walter Renner
`Axf-ptab@fr.com
`
`Jeremy Monaldo
`jjm@fr.com
`
`Craig Deutsch
`deutsch@fr.com
`
`For Patent Owner:
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`Bridget Smith
`smith@lowensteinweatherwax.com
`
`Flavio Rose
`rose@lowensteinweatherwax.com
`
`Edward Hsieh
`hsieh@lowensteinweatherwax.com
`
`Parham Hendifar
`hendifar@lowensteinweatherwax.com
`
`Patrick Maloney
`maloney@lowensteinweatherwax.com
`
`Jason Linger
`linger@lowensteinweatherwax.com
`
`
`
`5
`
`

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