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` Paper No. 19
`
` Date: February 4, 2021
`
`Trials@uspto.gov
`571.272.7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SOTERA WIRELESS, INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2020-01078
`Patent RE47,218 E
`____________
`
`
`Before GEORGE R. HOSKINS, JENNIFER MEYER CHAGNON, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Motion for Pro Hac Vice
`Admission of Daniel C. Kiang
`37 C.F.R. § 42.10
`
`
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`
`
`IPR2020-01078
`Patent RE47,218 E
`On February 2, 2021, Patent Owner filed a Motion for Pro Hac Vice
`Admission of Daniel C. Kiang. Paper 18 (“Motion”). The Motion is
`supported by a Declaration of Mr. Kiang. Ex. 2010. Patent Owner indicates
`that Petitioner does not oppose the Motion. Motion 1.
`Upon review of the record before us, we determine that the
`requirements of 37 C.F.R. § 42.10 have been met and there is good cause to
`admit Mr. Kiang pro hac vice.
`
`It is, therefore,
`ORDERED that Patent Owner’s Motion for Pro Hac Vice Admission
`of Daniel C. Kiang is granted; Mr. Kiang is authorized to act only as
`back-up counsel;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel;
`FURTHER ORDERED that Patent Owner must file a Power of
`Attorney for Mr. Kiang within three (3) business days, and prior to
`Mr. Kiang’s participation in the proceeding1;
`FURTHER ORDERED that Patent Owner must file updated
`Mandatory Notices identifying Mr. Kiang as back-up counsel;
`FURTHER ORDERED that Mr. Kiang is to comply with the
`Consolidated Trial Practice Guide2 (84 Fed. Reg. 64,280 (Nov. 21, 2019)),
`
`
`1 The file of U.S. Patent No. RE47,218 E has on record a Power of Attorney
`authorizing “Practitioner(s) associated with the following Customer
`Number [64735]” (Power of Attorney filed January 26, 2018). This
`Customer Number corresponds to Mr. Kiang’s law firm. However,
`Mr. Kiang is not a registered practitioner, so he is not authorized by the
`existing Power of Attorney.
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`2
`
`
`
`IPR2020-01078
`Patent RE47,218 E
`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. Kiang 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
`
`
`
`IPR2020-01078
`Patent RE47,218 E
`PETITIONER:
`
`Rudolph A. Telscher, Jr.
`Daisy Manning
`Nathan P. Sportel
`HUSCH BLACKWELL LLP
`PTAB-RTelscher@huschblackwell.com
`PTAB-DManning@huschblackwell.com
`Nathan.Sportel@huschblackwell.com
`
`
`PATENT OWNER:
`
`Benjamin A. Katzenellenbogen
`Irfan A. Lateef
`Brian C. Claassen
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2bak@knobbe.com
`2ial@knobbe.com
`2bcc@knobbe.com
`
`
`4
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`
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