throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 34
`Entered: February 1, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CODE200, UAB; TESO LT, UAB; METACLUSTER LT, UAB;
`OXYSALES, UAB; and CORETECH LT, UAB,
`Petitioners,
`v.
`BRIGHT DATA LTD.,
`Patent Owner.
`
`IPR2021-01492 (Patent 10,257,319)
` IPR2021-01493 (Patent 10,484,510)1
`
`
`
`
`
`
`
`
`
`
`
`Before THOMAS L. GIANNETTI, SHEILA F. McSHANE, and
`RUSSELL E. CASS, Administrative Patent Judges.
`PER CURIAM.
`
`
`
`ORDER
`Conditionally Granting Patent Owner’s Motions for
`Admission Pro Hac Vice of Robert M. Harkins
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`1 The parties are not authorized to use this caption.
`
`
`
`

`

`IPR2021-01492 (Patent 10,257,319)
`IPR2021-01493 (Patent 10,484,510)
`On December 30, 2022, Patent Owner filed motions for Pro Hac Vice
`Admission of Robert M. Harkins in each of the above-identified
`proceedings. Paper 30 (collectively “Motions”). 2 Each Motion in each case
`is supported by a corresponding Declaration of Mr. Harkins. Ex. 2020
`(collectively “Declarations”). Patent Owner indicates, in each Motion, that
`“Patent Owner conferred with Petitioners prior to filing this Motion and
`Petitioners do not oppose this Motion.” Paper 30, 5.
`Upon review of the record before us, we determine that all
`requirements for admission pro hac vice have been met and there is good
`cause to admit Mr. Harkins pro hac vice.
`We note that a Power of Attorney in accordance with 37 C.F.R.
`§ 42.10(b) has not been submitted for Mr. Harkins. In view thereof, the
`Motions for admission of Mr. Harkins are conditionally granted, and will be
`effective after Patent Owner files the aforementioned Power of Attorney for
`Mr. Harkins in each proceeding.
`
`
`
`
`ORDER
`In consideration of the foregoing, it is hearby:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Robert M. Harkins are conditionally granted, provided that within ten
`(10) business days of the date of this order, Patent Owner must submit a
`Power of Attorney for Mr. Harkins in accordance with 37 C.F.R. § 42.10(b)
`in each of these proceedings;
`
`
`2 For expediency, we refer to Paper and Exhibit numbers filed in IPR2021-
`01492. Similar Papers and Exhibits were filed in IPR2021-01493.
`
`2
`
`

`

`IPR2021-01492 (Patent 10,257,319)
`IPR2021-01493 (Patent 10,484,510)
`FURTHER ORDERED that Patent Owner must file updated
`mandatory notices identifying Mr. Harkins as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3) in each of these proceedings;
`FURTHER ORDERED that Mr. Harkins will be authorized to act
`only as back-up counsel in the above-identified proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel;
`FURTHER ORDERED that Mr. Harkins 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, Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Harkins 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
`
`

`

`IPR2021-01492 (Patent 10,257,319)
`IPR2021-01493 (Patent 10,484,510)
`
`
`FOR PETITIONER:
`
`George “Jorde” Scott
`John Heuton
`CHARHON CALLAHAN ROBSON & GARZA, PLLC
`jscott@ccrglaw.com
`theuton@ccrglaw.com
`
`FOR PATENT OWNER:
`Thomas Dunham
`Elizabeth O’Brien
`CHERIAN LLP
`tomd@ruyakcherian.com
`elizabetho@ruyakcherian.com
`
`4
`
`

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