`
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`Paper # 22
`Entered: November 3, 2022
`
`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`MAJOR DATA, UAB,
`Petitioner,
`
`v.
`
`BRIGHT DATA LTD.,
`Patent Owner.
`_____________________________
`
`IPR2022-00915 (Patent 10,257,319)
`IPR2022-00916 (Patent 10,484,510)1
`_____________________________
`
`
`
`Before THOMAS L. GIANNETTI, KEVIN C. TROCK,
`and SHEILA F. McSHANE, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Motion for
`Pro Hac Vice Admission of Jason R. Bartlett
`37 C.F.R. § 42.10
`
`
`
`1 This Order addresses issues that are the same in each of these proceedings. We
`issue one Order to be entered in each proceeding. The parties are not authorized to
`use this style caption unless later permitted.
`
`

`

`IPR2022-00915 (Patent 10,257,319)
`IPR2022-00916 (Patent 10,484,510)
`
`
`Petitioner filed Motions requesting Pro Hac Vice Admission of Jason R.
`Bartlett in the above-identified proceedings. Paper 8. 2 Petitioner submitted
`Declarations from Mr. Bartlett in support of the Motions. Paper 9. 3
`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. In authorizing a motion
`for pro hac vice admission, the Board requires the moving party to provide 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
`the proceeding. See Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-
`00639, Paper 7 (PTAB Oct. 15, 2013) (setting forth the requirements for admission
`pro hac vice).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Bartlett has sufficient legal and technical
`qualifications to represent Petitioner in this proceeding, that Mr. Bartlett has
`demonstrated sufficient litigation experience and familiarity with the subject matter
`of this proceeding, that Mr. Bartlett meets all other requirements for admission pro
`hac vice. See Paper 9 ¶¶ 1–10. Accordingly, Petitioner has established good cause
`for pro hac vice admission of Mr. Bartlett. Mr. Bartlett will be permitted to appear
`pro hac vice as back-up counsel only. See 37 C.F.R. § 42.10(c).
`Powers of Attorney have not been submitted for Mr. Bartlett in IPR2022-
`00915 or IPR2022-00916. Accordingly, Petitioner must submit Powers of
`
`
`2 For expediency, we cite to papers in IPR2022-00915. Similar papers were filed
`in IPR2022-00916.
`3 Petitioner filed the Declaration as a Paper. We deem this to be harmless error,
`however, Petitioner is reminded that affidavits and declarations must be filed as
`exhibits. See 37 C.F.R. § 42.63(a) (“Evidence consists of affidavits, transcripts of
`depositions, documents, and things. All evidence must be filed in the form of an
`exhibit.”).
`
`

`

`IPR2022-00915 (Patent 10,257,319)
`IPR2022-00916 (Patent 10,484,510)
`
`Attorney for Mr. Bartlett in accordance with 37 C.F.R § 42.10(b), and must update
`its Mandatory Notices as required by 37 C.F.R. § 42.8(b)(3), to identify Mr.
`Bartlett as back-up counsel.
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner’s Motion (Paper 8) for pro hac vice admission of
`Jason R. Bartlett is granted; Mr. Bartlett is authorized to act only as back-up
`counsel in the above-identified proceedings;
`FURTHER ORDERED that Petitioner continue to have a registered
`practitioner represent it as lead counsel in the above-identified proceedings;
`FURTHER ORDERED that Mr. Bartlett complies with the Patent Trial and
`Appeal Board’s Consolidated Trial Practice Guide4 (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;
`FURTHER ORDERED that Mr. Bartlett is 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. §§ 11.101–11.901;
`FURTHER ORDERED that Petitioner shall submit, within ten business days
`of the date of this order, a Power of Attorney for Mr. Bartlett in accordance with
`37 C.F.R. § 42.10(b) in the above-identified proceedings; and
`FURTHER ORDERED that Petitioner shall file an updated mandatory
`notice in the above-identified proceedings, within twenty-one (21) business days of
`the date of this order, according to 37 C.F.R. § 42.8(a)–(b), providing updated
`information regarding back-up counsel.
`
`
`
`
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`

`

`IPR2022-00915 (Patent 10,257,319)
`IPR2022-00916 (Patent 10,484,510)
`
`PETITIONER:
`Liang Huang
`Wensheng Ma
`MAURIEL KAPOUYTIAN WOODS LLP
`rhuang@mkwllp.com
`vma@mkwllp.com
`
`PATENT OWNER:
`Thomas Dunham
`Elizabeth O’Brien
`RUYAKCHERIAN LLP
`tom@dunham.cc
`elizabetho@ruyakcherian.com
`
`
`