`Tel: 571-272-7822
`
`
`
`Paper No. 22
`Entered: March 11, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVEPOINT, INC.,
`Petitioner,
`
`v.
`
`ONETRUST, LLC,
`Patent Owner.
`____________
`
`Case PGR2018-00056
`Patent 9,691,090 B1
`____________
`
`
`Before BART A. GERSTENBLITH, CARL M. DEFRANCO, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`MEYERS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Joshua F. P. Long
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`
`On December 28, 2018, Petitioner filed a “Motion for Pro Hac Vice
`Admission of Joshua F. P. Long” (Paper 17), supported by a Declaration of
`Mr. Long (Paper 18).1, 2 Patent Owner did not file an opposition within the
`requisite time period.
`Pursuant to 37 C.F.R. § 42.10(c), we 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 authorizing
`motions for pro hac vice, we require the moving party to provide a statement
`of facts showing there is good cause for us to recognize counsel pro hac
`vice, and an affidavit or declaration of the individual seeking to appear in the
`proceedings. We have reviewed Mr. Long’s declaration and the unopposed
`motion, and determine that good cause is shown.
`Accordingly, it is:
`ORDERED that Petitioner’s Motion for Pro Hac Vice Admission of
`Mr. Long is granted; Mr. Long is authorized to represent Petitioner only as
`back-up counsel in the above-identified proceeding;
`FURTHER ORDERED that Petitioner shall within 10 business days
`file a Power of Attorney for Mr. Long pursuant to 37 C.F.R. § 42.10, and
`
`
`1 Petitioner is reminded that evidence, such as the Declaration, is to be
`submitted separately in the form of an exhibit. Petitioner also is reminded
`that each exhibit must be uniquely numbered sequentially and must be
`appropriately labeled. See 37 C.F.R. § 42.63.
`2 The Declaration states “I have 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 C.F.R..” Paper 18 ¶ 5. The Office Patent Trial Practice Guide
`and the Board’s Rules of Practice for Trials are set forth in Part 42 of
`Title 37, Code of Federal Regulations.
`
`2
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`shall file an updated Mandatory Notice identifying Mr. Long as back-up
`counsel in accordance with 37 C.F.R. § 42.8(b)(3).
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Long 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
`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. Long is to 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
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`FOR PETITIONER:
`Nathan Evans
`WOOD ROGERS PLC
`nevans@woodsrogers.com
`
`
`FOR PATENT OWNER:
`David Reed
`Michael Morlock
`Scott Brient
`KILPATRICK TOWNSEND & STOCKTON LLP
`dreed@kilpatricktownsend.com
`mmorlock@kilpatricktownsend.com
`sbrient@brientip.com
`
`
`4
`
`
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