`Trials@uspto.gov
`571-272-7822 Entered: June 17, 2021
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ASTEK DANMARK A/S,
`Petitioner,
`
`v.
`
`COOLIT SYSTEMS, INC.,
`Patent Owner.
`____________
`
`IPR2020-00747 (Patent 9,057,567 B2)
` IPR2020-00825 (Patent 10,274,266 B2)
`__________
`
`
`Before FRANCES L. IPPOLITO, SCOTT C. MOORE, and
`BRENT M. DOUGAL, Administrative Patent Judges.1
`
`MOORE, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motions
`for Pro Hac Vice Admission of Robert F. McCauley
`37 C.F.R. § 42.10
`
`
`1 This Order addresses issues that are identical in each of the
`above-captioned proceedings. We therefore exercise our discretion to issue
`one Order to be filed in each proceeding. The proceedings have not been
`consolidated, and the Parties are not authorized to use this style heading in
`any subsequent papers.
`
`
`
`IPR2020-00747 (Patent 9,057,567 B2)
`IPR2020-00825 (Patent 10,274,266 B2)
`
`
`Astek Danmark A/S (“Petitioner”) filed a motion for pro hac vice
`admission of Robert F. McCauley in each of the above-captioned
`proceedings. Paper 17 (“Mot.”, “Motion”).2 Patent Owner has not opposed
`the Motions. The Motions are 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 Paper 3, 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”)) (“Notice”).
`In each Motion, Petitioner states that there is good cause for the Board
`to recognize Robert F. McCauley pro hac vice during these proceedings
`because he “is an experienced litigator who has an established familiarity
`with the subject matter at issue in the proceeding.” Mot. 1. Each Motion is
`supported by a declaration of Mr. McCauley (Ex. 1020, “Decl.”) that attests
`to the statements above and complies with the requirements set forth in the
`Notice. See Decl. ¶¶ 1–13.
`Upon consideration, Petitioner has demonstrated that Mr. McCauley
`has sufficient legal and technical qualifications and familiarity with the
`subject matter at issue, and there is a need for Petitioner to have counsel with
`
`
`2 We cite to Papers and Exhibits in IPR2020-00747. Similar items were
`filed in IPR2020-00825.
`
`2
`
`
`
`
`
`IPR2020-00747 (Patent 9,057,567 B2)
`IPR2020-00825 (Patent 10,274,266 B2)
`
`his experience. See, e.g., Decl. ¶¶ 1, 3, 4, 11, 12; Mot. 1–2. Petitioner
`therefore has established good cause for admitting Mr. McCauley pro hac
`vice in this proceeding.
`Accordingly, it is
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Robert F. McCauley in the above-captioned proceedings are granted;
`Mr. McCauley is authorized to act as back-up counsel in these proceedings
`only;
`
`FURTHER ORDERED that Petitioner must file an updated
`mandatory notice identifying Mr. McCauley as back-up counsel in each of
`the above-captioned proceedings in accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Petitioner must file a power of attorney
`for Mr. McCauley in each of the above-captioned proceedings in accordance
`with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for these proceedings;
`FURTHER ORDERED that Mr. McCauley shall comply with the
`Consolidated 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. McCauley is 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
`
`
`
`IPR2020-00747 (Patent 9,057,567 B2)
`IPR2020-00825 (Patent 10,274,266 B2)
`
`FOR PETITIONER:
`
`Eric Raciti
`Arpita Bhattacharyya
`Marta Garcia Daneshvar
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Eric.raciti@finnegan.com
`Arpita.bhattacharyya@finnegan.com
`Marta.garcia@finnegan.com
`
`FOR PATENT OWNER:
`
`Lloyd L. Pollard II
`Bradley M. Ganz
`GANZ POLLARD LLC
`lloyd@ganzlaw.com
`brad@ganzlaw.com
`docketing@ganzlaw.com
`
`
`
`
`
`
`
`4
`
`
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