`571-272-7822
`
`
`Paper 14
`Date: March 14, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`HULU, LLC,
`Petitioner,
`
`v.
`
`DIVX, LLC,
`Patent Owner.
`____________
`
`IPR2021-01418 (Patent 10,257,443 B2)
` IPR2021-01419 (Patent 10,257,443 B2)1
`____________
`
`
`
`Before BART A. GERSTENBLITH, MONICA S. ULLAGADDI, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motions for Admission Pro Hac Vice
`of Nathan Nobu Lowenstein
`37 C.F.R. § 42.10(c)
`
`
`
`
`1 This Order addresses issues that are the same in each above-captioned
`proceeding. The parties are not authorized to use this style heading in
`subsequent papers.
`
`
`
`IPR2021-01418 (Patent 10,257,443 B2)
`IPR2021-01419 (Patent 10,257,443 B2)
`
`In each of the proceedings identified above, Patent Owner filed a
`
`motion for pro hac vice admission of Nathan Nobu Lowenstein and a
`declaration in support of that motion. See Paper 132; Ex. 2001. Patent
`Owner indicates Petitioner does not oppose the Motions. Paper 13, 2. For
`the reasons provided below, Patent Owner’s 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, subject to
`the condition that lead counsel be a registered practitioner. Good cause is
`shown by an appropriate statement of facts, and an affidavit or declaration of
`the individual seeking to appear. See Unified Patents, Inc. v. Parallel Iron,
`LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (setting forth
`requirements for admission pro hac vice).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Lowenstein has sufficient legal and
`technical qualifications to represent Patent Owner in these proceedings, that
`Mr. Lowenstein has demonstrated sufficient familiarity with the subject
`matter of these proceedings, and that Patent Owner’s desire to be
`represented by counsel with litigation experience is warranted. Accordingly,
`Patent Owner has established good cause for pro hac vice admission of Mr.
`Lowenstein.
`Accordingly, it is:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Mr. Lowenstein are granted;
`
`
`2 For expediency, this Order cites to documents filed in IPR2021-01418.
`Similar or identical documents also were filed in IPR2021-01419.
`
`2
`
`
`
`IPR2021-01418 (Patent 10,257,443 B2)
`IPR2021-01419 (Patent 10,257,443 B2)
`
`
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for these proceedings;
`FURTHER ORDERED that Mr. Lowenstein is authorized to represent
`Patent Owner only as back-up counsel in these proceedings, in accordance
`with 37 C.F.R. § 42.10(c);
`FURTHER ORDERED that Mr. Lowenstein shall comply with the
`Consolidated Trial Practice Guide3 (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 of the Code of Federal Regulations; and
`
`FURTHER ORDERED that Mr. Lowenstein shall 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 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`3
`
`
`
`IPR2021-01418 (Patent 10,257,443 B2)
`IPR2021-01419 (Patent 10,257,443 B2)
`
`PETITIONER:
`
`David Cavanaugh
`Mary V. Sooter
`WILMERHALE LLP
`david.cavanaugh@wilmerhale.com
`mindy.sooter@wilmerhale.com
`
`
`PATENT OWNER:
`
`Kenneth J. Weatherwax
`Nathan Lowenstein
`Flavio Rose
`Edward Hsieh
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`rose@lowensteinweatherwax.com
`hsieh@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`
`
`
`4
`
`
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