`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper No. 17
` August 12, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`JUNIPER NETWORKS, INC.,
`Petitioner
`
`v.
`
`IMPLICIT, LLC,
`Patent Owner
`____________
`
`IPR2020-00585 (Patent 8,694,683 B2)
`IPR2020-00586 (Patent 9,270,790 B2)
`IPR2020-00587 (Patent 9,591,104 B2)
` IPR2020-00590 (Patent 10,027,780 B2)
` IPR2020-00591 (Patent 10,033,839 B2)
` IPR2020-00592 (Patent 10,225,378 B2)1
`____________
`
`
`Before THOMAS L. GIANNETTI, BARBARA A. PARVIS, SHEILA F.
`McSHANE, and NABEEL U. KHAN,
`Administrative Patent Judges2.
`
`McSHANE, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motion for
`Pro Hac Vice Admission of William Ellsworth Davis, III
`37 C.F.R. § 42.10
`
`
`1 This Order applies to each of the listed cases. Given the similarities of
`issues, we issue one Order to be docketed in each case. The parties are not
`authorized to use this caption style.
`2 This is not an expanded panel of the Board. It is a listing of all Judges on
`the panels of the above-referenced proceedings.
`
`
`
`IPR2020-00585 (Patent 8,694,683 B2)
`IPR2020-00586 (Patent 9,270,790 B2)
`IPR2020-00587 (Patent 9,591,104 B2)
`IPR2020-00590 (Patent 10,027,780 B2)
`IPR2020-00591 (Patent 10,033,839 B2)
`IPR2020-00592 (Patent 10,225,378 B2)
`
`
`Patent Owner filed a Motion for Pro Hac Vice Admission of William
`E. Davis, III in each of the above-captioned proceedings. Paper 15
`(“Motion” or “Mot.”).3 Patent Owner also filed a Declaration of Mr. Davis
`in support of the Motion. Ex. 2014 (“Declaration”). Petitioner does not
`oppose the Motion. Mot. 4. For the reasons discussed below, Patent
`Owner’s 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, subject to
`the condition that lead counsel be a registered practitioner. The
`representative Order authorizing motions for pro hac vice admission requires
`a statement of facts showing there is good cause for us to recognize counsel
`pro hac vice, and an affidavit or declaration of the individual seeking to
`appear. See Paper 4, 2 (citing 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”)).
`Based on the facts set forth in the Motion and the accompanying
`Declaration, we conclude that Mr. Davis has sufficient legal and technical
`qualifications to represent Patent Owner in this proceeding, that Mr. Davis
`has demonstrated sufficient familiarity with the subject matter of this
`proceeding, and that Patent Owner’s intent to be represented by counsel with
`litigation experience is warranted. Accordingly, Patent Owner has
`
`
`3 For purposes of expediency, we cite to the Motion and Declaration filed in
`IPR2020-00585, unless otherwise indicated. Patent Owner filed a similar
`Motion and Declaration in the other referenced cases.
`2
`
`
`
`
`
`IPR2020-00585 (Patent 8,694,683 B2)
`IPR2020-00586 (Patent 9,270,790 B2)
`IPR2020-00587 (Patent 9,591,104 B2)
`IPR2020-00590 (Patent 10,027,780 B2)
`IPR2020-00591 (Patent 10,033,839 B2)
`IPR2020-00592 (Patent 10,225,378 B2)
`
`established good cause for pro hac vice admission of Mr. Davis. Mr. Davis
`will be permitted to serve as back-up counsel only. See 37 C.F.R.
`§ 42.10(c).
`
`Accordingly, it is
`ORDERED that Patent Owner’s Unopposed Motion for Pro Hac Vice
`Admission of William Ellsworth Davis, III in each of the above-captioned
`proceedings is granted;
`FURTHER ORDERED that Mr. Davis is authorized to represent
`Patent Owner only as back-up counsel in the above-captioned proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel in the above-captioned
`proceedings;
`FURTHER ORDERED that Mr. Davis is to comply with the Office
`Patent Trial Practice Guide, 84 Fed. Reg. 64,280 (Nov. 21, 2019), and also
`with 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. Davis 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
`
`
`
`IPR2020-00585 (Patent 8,694,683 B2)
`IPR2020-00586 (Patent 9,270,790 B2)
`IPR2020-00587 (Patent 9,591,104 B2)
`IPR2020-00590 (Patent 10,027,780 B2)
`IPR2020-00591 (Patent 10,033,839 B2)
`IPR2020-00592 (Patent 10,225,378 B2)
`
`For PETITIONER:
`Jonathan Lindsay
`David McPhie
`IRELL & MANELLA LLP
`jlindsay@irell.com
`dmcphie@irell.com
`
`For PATENT OWNER:
`Christian Hurt
`DAVIS FIRM, PC
`churt@davisfirm.com
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
