`571-272-7822
`
`Paper 38
`Entered: December 7, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BLUEBIRD BIO, INC.,
`Petitioner,
`
`v.
`
`SLOAN KETTERING INSTITUTE FOR CANCER RESEARCH,
`Patent Owner.
`____________
`
`IPR2023-00070 (Patent 7,541,179 B2)
` IPR2023-00074 (Patent 8,058,061 B2)1
`____________
`
`
`
`
`Before JAMES A. WORTH, Acting Vice Chief Administrative Patent Judge,
`SHERIDAN K. SNEDDEN and CYNTHIA M. HARDMAN, Administrative
`Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`ORDER
`Dismissing Without Prejudice Patent Owner’s Motion for
`Pro Hac Vice Admission of Mary Jean Kim
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses an issue common to both of the above-referenced
`proceedings. The parties are not permitted to use this caption unless
`authorized by the Board.
`
`
`
`IPR2023-00070 (Patent 7,541,179 B2)
`IPR2023-00074 (Patent 8,058,061 B2)
`
`
`On October 24, 2023, Patent Owner filed motions requesting pro hac
`vice admission of Mary Jean Kim in each of the above-identified
`proceedings (collectively “Motions”). Paper 34. 2 Patent Owner also
`submitted Declarations from Mary Jean Kim in support of the Motions
`(collectively “Declarations”). Ex. 2085.3 On November 13, 2023, the Board
`issued an Order inviting Patent Owner to file corrected Declarations to
`remedy certain deficiencies and to submit Powers of Attorney. Paper 37
`(“Order”). Patent Owner did not file Powers of Attorney or corrected
`Declarations. Accordingly, the Motions are dismissed without prejudice.
`The Notice of Filing Date Accorded to Petition entered in this
`proceeding authorizes parties to file motions for admission pro hac vice in
`accordance with the standards set forth in Unified Patents, Inc. v. Parallel
`Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (representative
`“Order – Authorizing Motion for Pro Hac Vice Admission”). Paper 3, 2.
`The Unified Patents representative order requires that a motion for
`admission pro hac vice be accompanied by an affidavit or declaration of the
`individual seeking to appear, attesting to “[a]ll other proceedings before the
`Office for which the individual has applied to appear pro hac vice in the last
`three (3) years.” Unified Patents, Paper 7 at 3 (element vii).
`The Declarations do not list other USPTO proceedings for which Ms.
`Kim has applied for admission pro hac vice in the last three years and Patent
`Owner has not filed corrected declarations, as instructed in the
`November 13, 2023 Order. Further, Patent Owner has not complied with the
`
`2 For purposes of expediency, we cite to Papers filed in IPR2023-00070.
`Patent Owner filed a similar Motion in IPR2023-00074 (Paper 34).
`3 We cite to Exhibits filed in IPR2023-00070. Patent Owner filed a similar
`Declaration in IPR2023-00074 (Ex. 2085).
`2
`
`
`
`
`
`IPR2023-00070 (Patent 7,541,179 B2)
`IPR2023-00074 (Patent 8,058,061 B2)
`
`Order’s instruction to file Powers of Attorney in accordance with 37 C.F.R.
`§ 42.10(b). Accordingly, we dismiss Patent Owner’s Motion without
`prejudice. Patent Owner is authorized to file another motion for admission
`pro hac vice of Ms. Kim and a revised declaration of Ms. Kim that complies
`with the standards set forth in Unified Patents.
`
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Mary Jean Kim are dismissed without prejudice; and
`FURTHER ORDERED that Patent Owner is authorized to file another
`motion for admission pro hac vice of Mary Jean Kim and a revised
`declaration of Ms. Kim that complies with the standards set forth in Unified
`Patents in each of IPR2023-00070 and IPR2023-00074.
`
`
`
`
`
`3
`
`
`
`IPR2023-00070 (Patent 7,541,179 B2)
`IPR2023-00074 (Patent 8,058,061 B2)
`
`For PETITIONER:
`Naveen Modi
`Eric Dittmann
`Daniel Zeilberger
`Krystina L. Ho
`Max. H. Yusem
`PAUL HASTINGS
`naveenmodi@paulhastings.com
`ericdittmann@paulhastings.com
`danielzeilberger@paulhastings.com
`
`
`For PATENT OWNER:
`Michael Glynn
`Joe Chen
`Howard Suh
`James H. McConnell
`Wanda French-Brown
`FOX ROTHSCHILD LLP
`mglynn@foxrothschild.com
`joechen@foxrothschild.com
`hsuh@foxrothschild.com
`jmcconnell@foxrothschild.com
`wfrench-brown@foxrothschild.com
`
`
`
`4
`
`
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