`Tel: 571-272-7822
`
`
`
`
` Paper 27
`Entered: June 30, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DELL INC., ZTE (USA) INC., and ZTE CORPORATION,
`Petitioner,
`
`v.
`
`3G LICENSING S.A.,
`Patent Owner.
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`IPR2020-01160 (Patent 8,275,374 B2)
`IPR2020-01161 (Patent 8,472,955 B2)
`IPR2020-01162 (Patent 8,948,756 B2)1
`
`
`Before TERRENCE W. MCMILLIN, AMANDA F. WIEKER,
`MONICA S. ULLAGADDI, and RUSSELL E. CASS,
`Administrative Patent Judges.2
`CASS, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motions for Pro Hac Vice Admission
`of Stephanie Berger, Neil Benchell, and Andrew DeMarco
`37 C.F.R. § 42.10
`
`
`
`1 This Order addresses issues that are the same in the above-captioned
`proceedings. The parties are not authorized to use a multi-case caption.
`2 This is not an expanded panel. Each of the four listed judges are part of
`three-judge panels assigned to the listed proceedings.
`
`
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`IPR2020-01160 (Patent 8,275,374 B2)
`IPR2020-01161 (Patent 8,472,955 B2)
`IPR2020-01162 (Patent 8,948,756 B2)
`
`
`3G Licensing S.A. (“Patent Owner”) filed motions for pro hac vice
`admission of Stephanie Berger, Neil Benchell, and Andrew DeMarco in the
`above-captioned proceedings (“Motions”). Papers 20–22.3 Patent Owner
`also filed supporting declarations from Ms. Berger (Ex. 2002), Mr. Benchell
`(Ex. 2003), and Mr. DeMarco (Ex. 2004).4 Patent Owner states that the
`Motions are unopposed. Motions at 1.
`Having reviewed the Motions and Declarations, we conclude that
`Ms. Berger, Mr. Benchell, and Mr. DeMarco have sufficient qualifications to
`represent Patent Owner in the above-captioned proceedings, and that Patent
`Owner has shown good cause for pro hac vice admission of Ms. Berger,
`Mr. Benchell, and Mr. DeMarco. See Unified Patents, Inc. v. Parallel Iron,
`LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (Order Authorizing
`Motion for Pro Hac Vice Admission) (setting forth the requirements for pro
`hac vice admission). Ms. Berger, Mr. Benchell, and Mr. DeMarco will be
`permitted to appear pro hac vice as back-up counsel only. See 37 C.F.R.
`§ 42.10(c).
`It is, therefore,
`
`
`3 All citations are to IPR2020-01157 with the understanding that the other
`proceedings include papers having substantially the same substantive
`content.
`4 The Declarations state “set forth in part 42 of the C.F.R.,” (see, for
`example, Ex. 2002 ¶ 5), but the Board’s Rules of Practice for Trials are set
`forth in part 42 of 37 C.F.R. We deem this harmless error.
`
`
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`IPR2020-01160 (Patent 8,275,374 B2)
`IPR2020-01161 (Patent 8,472,955 B2)
`IPR2020-01162 (Patent 8,948,756 B2)
`
`
`ORDERED that the Motions for Pro Hac Vice Admission of
`Stephanie Berger are granted and Ms. Berger is authorized to represent
`Patent Owner only as back-up counsel in the above-captioned proceedings;
`FURTHER ORDERED that the Motions for Pro Hac Vice Admission
`of Neil Benchell are granted and Mr. Benchell is authorized to represent
`Patent Owner only as back-up counsel in the above-captioned proceedings;
`FURTHER ORDERED that the Motions for Pro Hac Vice Admission
`of Andrew DeMarco are granted and Mr. DeMarco is authorized to
`represent Patent Owner only as back-up counsel in the above-captioned
`proceedings;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Patent Owner as lead counsel in the above-captioned proceedings;
`FURTHER ORDERED that Ms. Berger, Mr. Benchell, and
`Mr. DeMarco shall comply with the Office Patent Trial Practice Guide, as
`updated by the Consolidated 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 that Ms. Berger, Mr. Benchell, and
`Mr. DeMarco are subject to the USPTO’s Rules of Professional Conduct set
`forth in 37 C.F.R. §§ 11.101 et seq. and to the USPTO’s disciplinary
`jurisdiction under 37 C.F.R. § 11.19(a).
`
`
`
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`IPR2020-01160 (Patent 8,275,374 B2)
`IPR2020-01161 (Patent 8,472,955 B2)
`IPR2020-01162 (Patent 8,948,756 B2)
`
`PETITIONER:
`
`Brian M. Buroker
`Paul Torchia
`Nathan R. Curtis
`GIBSON, DUNN, & CRUTCHER LLP
`bburoker@gibsondunn.com
`ptorchia@gibsondunn.com
`ncurtis@gibsondunn.com
`
`John R. Hutchins
`C. Andy Mu
`Wesley W. Jones
`BANNER & WITCOFF, LTD.
`jhutchins@bannerwitcoff.com
`amu@bannerwitcoff.com
`wjones@bannerwitcoff.com
`
`
`PATENT OWNER:
`
`Timothy Devlin
`DEVLIN LAW FIRM LLC
`td-ptab@devlinlawfirm.com
`
`
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