`
`
`Trials@uspto.gov
`571-272-7822 Date: November 18, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`v.
`KOSS CORPORATION,
`Patent Owner.
`____________
`
`IPR2021-00255, IPR2021-00600 (Patent 10,298,451 B1)
`IPR2021-00305 (Patent 10,506,325 B1)
`IPR2021-00381 (Patent 10,491,982 B1)
`IPR2021-00592 (Patent 10,469,934 B2)1
`____________
`
`
`Before PATRICK R. SCANLON, DAVID C. MCKONE,
`GREGG I. ANDERSON, and NORMAN H. BEAMER, Administrative
`Patent Judges.2
`
`PER CURIAM.
`
`
`
`ORDER
`Granting Petitioner’s Motions for
`Pro Hac Vice Admission of Seth Sproul
`37 C.F.R. § 42.10
`
`
`1 These cases have not been joined or consolidated. Rather, this Order
`addresses issues that are the same in the identified cases. We exercise our
`discretion to issue one order to be filed in each case. The parties, however,
`are not authorized to use this filing style in subsequent papers.
`2 This is not a decision by an expanded panel.
`
`
`
`IPR2021-00255, IPR2021-00600 (Patent 10,298,451 B1)
`IPR2021-00305 (Patent 10,506,325 B1)
`IPR2021-00381 (Patent 10,491,982 B1)
`IPR2021-00592 (Patent 10,469,934 B2)
`
`
`On November 2 and 3, 2021, Petitioner filed motions in each
`proceeding for pro hac vice admission of Seth Sproul. See Paper 31.3 On
`November 17, Petitioner filed updated declarations from Mr. Sproul, in each
`of the instant proceedings. See Ex. 1121.
`Having reviewed the motions and declarations, we conclude that
`Mr. Sproul has sufficient qualifications to represent Petitioner in these
`proceedings, and that Petitioner has shown good cause for admission pro
`hac vice of Mr. Sproul.4 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). Mr. Sproul will be permitted to appear pro hac vice as back-up
`counsel only. See 37 C.F.R. § 42.10(c).
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s motions for admission pro hac vice of
`Seth Sproul in these proceedings are granted, and Mr. Sproul is authorized
`to represent Petitioner only as back-up counsel;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in each proceeding;
`FURTHER ORDERED that Mr. Sproul is to comply with the Patent
`Trial and Appeal Board’s Consolidated Trial Practice Guide (November
`
`
`3 Similar papers and exhibits were filed in each proceeding.
`4 The Declarations each refer to “set forth in part 42 of the Code of Federal
`Regulations,” (see, for example, Ex. 1021 ¶ 5), but the Board’s Rules of
`Practice for Trials are set forth in Part 42 of Title 37 C.F.R. We deem this
`harmless error.
`
`2
`
`
`
`IPR2021-00255, IPR2021-00600 (Patent 10,298,451 B1)
`IPR2021-00305 (Patent 10,506,325 B1)
`IPR2021-00381 (Patent 10,491,982 B1)
`IPR2021-00592 (Patent 10,469,934 B2)
`
`2019), available at https://www.uspto.gov/TrialPracticeGuideConsolidated,
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of
`Title 37, Code of Federal Regulations;
`FURTHER ORDERED that Mr. Sproul is subject to the USPTO’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules
`of Professional Conduct set forth at 37 C.F.R. §§ 11.101–11.901;
`FURTHER ORDERED that Petitioner shall submit, within ten (10)
`business days of the date of this order, a Power of Attorney for Mr. Sproul in
`accordance with 37 C.F.R. § 42.10(b) in this proceeding; and
`FURTHER ORDERED that Petitioner shall file an updated mandatory
`notice in this proceeding, according to 37 C.F.R. § 42.8(b)(3), providing
`updated information regarding back-up counsel.
`
`
`
`3
`
`
`
`IPR2021-00255, IPR2021-00600 (Patent 10,298,451 B1)
`IPR2021-00305 (Patent 10,506,325 B1)
`IPR2021-00381 (Patent 10,491,982 B1)
`IPR2021-00592 (Patent 10,469,934 B2)
`
`FOR PETITIONER:
`
`Walter Renner
`Roberto Devoto
`Ryan Chowdhury
`David Holt
`Joel Henry
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`devoto@fr.com
`rchowdhury@fr.com
`holt2@fr.com
`jhenry@fr.com
`
`
`FOR PATENT OWNER:
`
`Mark Knedeisen
`Lauren Murray
`Brian Bozzo
`Ragae Ghabrial
`Michelle Weaver
`K&L GATES LLP
`mark.knedeisen@klgates.com
`lauren.murray@klgates.com
`brian.bozzo@klgates.com
`ragae.ghabrial@klgates.com
`michelle.weaver@klgates.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
