`571-272-7822
`
`Paper 9
`Entered: June 27, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SNAP INC.,
`Petitioner,
`
`v.
`
`UBERFAN, LLC,
`Patent Owner.
`____________
`
`IPR2022-00750 (Patent 9,477,744 B2)
`IPR2022-00751 (Patent 9,727,634 B2)
`IPR2022-00752 (Patent 10,740,305 B2)
`IPR2022-00753 (Patent 10,963,439 B1)
`____________
`
`Before NEIL T. POWELL, ELIZABETH M. ROESEL, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER1
`Granting Patent Owner’s Motions for Admission
`Pro Hac Vice of Nicholas A. Wyss
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`1 The combined caption is for administrative convenience only and does not
`indicate that IPR2022-00750, IPR2022-00751, IPR2022-00752, and
`IPR2022-00753 have been joined. The parties are not authorized to use this
`caption without express permission of the Board.
`
`
`
`IPR2022-00750 (Patent 9,477,744 B2)
`IPR2022-00751 (Patent 9,727,634 B2)
`IPR2022-00752 (Patent 10,740,305 B2)
`IPR2022-00753 (Patent 10,963,439 B1)
`
`
`On May 10, 2022, Patent Owner filed motions for admission pro hac
`vice of Nicholas A. Wyss in each of the above-identified proceedings
`(collectively “Motions”). Paper 6.2 Patent Owner also filed declarations of
`Mr. Wyss in support of the Motions (collectively “Declarations”).
`Ex. 2001.3 Petitioner has not opposed the Motions. For the reasons
`provided below, Patent Owner’s Motions are granted.
`Pursuant to 37 C.F.R. § 42.10(c), the Board 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. In its notice
`authorizing motions for pro hac vice admission, the Board requires a
`statement of facts showing there is good cause for the Board to recognize
`counsel pro hac vice and an affidavit or declaration of the individual seeking
`to appear in this proceeding. See Paper 3, 2 (citing Unified Patents, Inc. v.
`Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013)
`(representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`
`
`2 For purposes of expediency, we cite to Papers filed in IPR2022-00750.
`Patent Owner filed similar Motions in IPR2022-00751 (Paper 6), IPR2022-
`00752 (Paper 6), and IPR2022-00753 (Paper 6).
`3 We cite to Exhibits filed in IPR2022-00750. Patent Owner filed similar
`Declarations in IPR2022-00751 (Paper 7), IPR2022-00752 (Paper 7), and
`IPR2022-00753 (Paper 7). It appears Patent Owner filed the Declarations as
`Papers in IPR2022-00751, IPR2022-00752, and IPR2022-00753. Patent
`Owner is reminded that affidavits and declarations must be filed as exhibits
`so that they may be referenced individually by exhibit number. See 37
`C.F.R. § 42.63.
`
`
`
`2
`
`
`
`IPR2022-00750 (Patent 9,477,744 B2)
`IPR2022-00751 (Patent 9,727,634 B2)
`IPR2022-00752 (Patent 10,740,305 B2)
`IPR2022-00753 (Patent 10,963,439 B1)
`
`
`Based on the facts set forth in the Motions and the accompanying
`Declarations,4 we conclude that Mr. Wyss has sufficient legal and technical
`qualifications to represent Patent Owner in these proceedings, that Mr. Wyss
`has demonstrated sufficient litigation experience and familiarity with the
`subject matter of these proceedings, and that Mr. Wyss meets all other
`requirements for admission pro hac vice. We further conclude that Patent
`Owner’s interest in being represented in these proceedings by counsel with
`litigation experience weighs in favor of granting the Motions. Accordingly,
`Patent Owner has established good cause for pro hac vice admission of
`Mr. Wyss. Mr. Wyss will be permitted to serve as back-up counsel only.
`See 37 C.F.R. § 42.10(c).
`We note that Patent Owner has filed a Power of Attorney including
`Mr. Wyss in accordance with 37 C.F.R. § 42.10(b). IPR2022-00750,
`Paper 4; IPR2022-00751, Paper 4; IPR2022-00752, Paper 4; and
`IPR2022-00753, Paper 4. Patent Owner has also filed Mandatory Notices
`identifying Mr. Wyss as back-up counsel in accordance with
`
`
`4 Unified Patents indicates that “A motion for pro hac vice admission must:
`. . . Be accompanied by an affidavit or declaration of the individual seeking
`to appear attesting to the following: . . . All other proceedings before the
`Office for which the individual has applied to appear pro hac vice in the last
`three (3) years.” See Unified Patents, Paper 7 at 3. The Declaration of
`Mr. Wyss fails to identify any other proceedings before the Office for which
`Mr. Wyss has applied to appear pro hac vice in the last three years. See
`Ex. 2001. For the purposes of this Order, we excuse this omission and note
`that Mr. Wyss has applied and been admitted to appear pro hac vice in other
`proceedings in the last three years. See, e.g., IPR2021-00204 and
`IPR2021-00205 (Paper 23, dated April 4, 2022).
`3
`
`
`
`
`
`IPR2022-00750 (Patent 9,477,744 B2)
`IPR2022-00751 (Patent 9,727,634 B2)
`IPR2022-00752 (Patent 10,740,305 B2)
`IPR2022-00753 (Patent 10,963,439 B1)
`
`37 C.F.R. § 42.8(b)(3). IPR2022-00750, Paper 5; IPR2022-00751, Paper 5;
`IPR2022-00752, Paper 5; and IPR2022-00753, Paper 5.
`Accordingly, it is:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Nicholas A. Wyss are granted;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Wyss is authorized to represent
`Patent Owner as back-up counsel only in the above-identified proceedings;
`FURTHER ORDERED that Mr. Wyss is to comply with the
`Consolidated Trial Practice Guide5 (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. Wyss 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.
`
`
`
`
`
`
`
`
`5 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`4
`
`
`
`
`
`IPR2022-00750 (Patent 9,477,744 B2)
`IPR2022-00751 (Patent 9,727,634 B2)
`IPR2022-00752 (Patent 10,740,305 B2)
`IPR2022-00753 (Patent 10,963,439 B1)
`
`FOR PETITIONER:
`
`Daniel Yannuzzi
`Timothy Cremen
`Eric Gill
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`dyannuzzi@sheppardmullin.com
`tcremen@sheppardmullin.com
`egill@sheppardmullin.com
`
`FOR PATENT OWNER:
`
`Howard Wisnia
`WISNIA PC
`howard@wisnialaw.com
`
`Nicholas Wyss
`NIX PATTERSON, LLP
`nwyss@nixlaw.com
`
`
`
`5
`
`