`571-272-7822
`
`Paper: 29
`Entered: July 10, 2019
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GRÜNENTHAL GMBH,
`Petitioner,
`
`v.
`
`ANTECIP BIOVENTURES II LLC,
`Patent Owner.
`____________
`
`PGR2018-00062
`Patent 9,707,245 B2
`____________
`
`
`Before TONI R. SCHEINER, GRACE KARAFFA OBERMANN, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`
`DECISION
`Motion for Pro Hac Vice Admission of James R. Tyminski, Jr.
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`
`PGR2018-00062
`Patent 9,707,245 B2
`
`
`Petitioner GRÜNENTHAL GMBH filed a Motion for Pro Hac Vice
`Admission of James R. Tyminski, Jr., and an accompanying Declaration in the
`above-captioned proceeding. Paper 25 (“Motion”), Ex. 1034. Patent Owner has
`not filed an opposition to Petitioner’s Motion.
`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 5, 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”)).
`The Board has reviewed the submissions and determined that the
`requirements of 37 C.F.R. § 42.10 have been met, and that there is good cause to
`admit Mr. Tyminski pro hac vice.
`It is, therefore,
`ORDERED that Petitioner’s Motion for Pro Hac Vice Admission of James
`R. Tyminski, Jr. is granted;
`FURTHER ORDERED that Petitioner is to continue to have a registered
`practitioner as lead counsel in the instant proceeding, but Mr. Tyminski is
`authorized to be designated as backup counsel;
`FURTHER ORDERED that Petitioner must file updated mandatory notices
`identifying Mr. Tyminski as back-up counsel in accordance with 37 C.F.R.
`§ 42.8(b)(3);
`
`2
`
`
`
`
`PGR2018-00062
`Patent 9,707,245 B2
`
`
`FURTHER ORDERED that Mr. Tyminski shall comply with the Office
`Patent Trial Practice Guide, as updated by the August 2018 Update, 83 Federal
`Register 39,989 (Aug. 13, 2018), and the Board’s Rules of Practice for Trials, as
`set forth in Title 37, Part 42 of the C.F.R., and is subject to the USPTO’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules of
`Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`PETITIONER:
`Bruce C. Haas
`BCHaas@Venable.com
`
`Justin Oliver
`JOliver@Venable.com
`
`Katherine E. Adams
`KEAdams@Venable.com
`
`Daniel J. Minion
`DMinion@Venable.com
`
`PATENT OWNER:
`Brent A. Johnson
`BJohnson@mabr.com
`
`R. Parrish Freeman
`pfreeman@mabr.com
`
`Michael Katz
`mkatz@mabr.com
`
`
`3
`
`
`
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