`571-272-7822
`
` Paper: 29
`
`Entered: September 20, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SUPERCELL OY,
`Petitioner,
`
`v.
`
`GREE, INC.,
`Patent Owner.
`_______________
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`_______________
`
`Before MICHAEL W. KIM, TIMOTHY J. GOODSON, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`ORDER
`Conditionally Granting Petitioner’s Motion for Pro Hac Vice
`Admission of Mr. Geoffrey R. Miller
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`
`Petitioner moves to have Mr. Geoffrey R. Miller admitted pro hac
`
`vice in this proceeding. Paper 26 (“Motion”). Petitioner submitted a
`Declaration of Mr. Miller in support of this Motion. Ex. 1008
`(“Declaration”). Patent Owner did not oppose the Motion within the
`requisite time period.
`
`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 Paper 4, 2 (citing
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB
`Oct. 15, 2013) (Paper 7) (representative “Order – Authorizing Motion for
`Pro Hac Vice Admission”)).
`
`In the Motion, Petitioner states there is good cause for the Board to
`recognize Mr. Miller pro hac vice during this proceeding, because, inter
`alia, Mr. Miller has established familiarity with the subject matter at issue in
`this proceeding, at least partially by serving as a consulting attorney in a
`related, co-pending action before the Tokyo District Court involving the
`Japanese counterpart of U.S. Patent No. 9,597,594. Motion ¶ 5; Declaration
`¶ 11. Accordingly, Petitioner has established good cause for the admission
`of Mr. Miller pro hac vice. Mr. Miller will be permitted to serve as back-up
`counsel only. See 37 C.F.R. § 42.10(c).
`
`2
`
`
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`
`Upon review of the record, we note that a Power of Attorney in
`
`accordance with 37 C.F.R. § 42.10(b) has not been submitted for Mr. Miller.
`In view thereof, Petitioner’s Motion is conditionally granted, and is to be
`effective after Patent Owner files the aforementioned Power of Attorney.
`
`Accordingly, it is hereby:
`
`ORDERED that Petitioner’s Motion is conditionally granted, provided
`that within seven (7) business days of the date of this order, Petitioner
`submits a Power of Attorney for Mr. Miller in accordance with 37 C.F.R.
`§ 42.10(b);
`FURTHER ORDERED that Petitioner shall submit, within seven (7)
`business days of this order, an updated mandatory notice identifying
`Mr. Miller as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3);
`
`FURTHER ORDERED that Petitioner continue to have a registered
`practitioner serve as lead counsel in this proceeding, but that Mr. Miller is
`authorized to act as back-up counsel;
`
`FURTHER ORDERED that Mr. Miller is to comply with the Office
`Patent Trial Practice Guide as updated by the Office Patent Trial Practice
`Guide August 2018 Update, 83 Federal Register 39,989 (Aug. 13, 2018) and
`
`3
`
`
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`
`the Board’s Rules of Practice for Trials, as set forth in Part 42 of Title 37,
`Code of Federal Regulations;1 and
`
`FURTHER ORDERED that Mr. Miller is subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and to the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 The Declaration states that Mr. Miller has “read and will comply with the
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials set forth in Part 42 of the Code of Federal Regulations.” Ex. 1008 ¶ 8
`(emphasis added). We note that the Office Patent Trial Practice Guide and
`the Board’s Rules of Practice for Trials are set forth in part 42 of 37 C.F.R.
`We deem this harmless error.
`
`4
`
`
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`
`
`For PETITIONER:
`
`Jennifer R. Bush
`Michael J. Sacksteder
`FENWICK@WEST LLP
`Jbush-ptab@fenwick.com
`msacksteder@fenwick.com
`
`
`For PATENT OWNER:
`
`John C. Alemanni
`Andrew W. Rinehart
`Scott E. Kolassa
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpartricktownsend.com
`arinehart@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
`
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
