`571-272-7822
`
`
`
`Paper 13
`Entered: July 2, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`20/20 VISION CENTER, LLC,
`Petitioner,
`
`v.
`
`DIGITALOPTOMETRICS LLC,
`Patent Owner.
`____________
`
`Case PGR2018-00100
`Patent 9,980,644 B2
`____________
`
`Before PATRICK M. BOUCHER, CHRISTOPHER G. PAULRAJ, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`MEYERS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Petitioner’s Motion for Admission
`Pro Hac Vice of Alexander Walden
`37 C.F.R. § 42.10
`
`
`
`
`
`PGR2018-00100
`Patent 9,980,644 B2
`
`
`On June 24, 2019, Petitioner filed a Motion for Admission Pro Hac
`
`Vice of Alexander Walden. Paper 11 (“Motion”). Petitioner also filed an
`
`Affidavit of Mr. Walden in support of the Motion. Ex. 1008 (“Affidavit”).
`
`Petitioner represents that Patent Owner does not oppose the Motion.
`
`Paper 11, § I. For the reasons provided below, Petitioner’s Motion is
`
`granted.
`
`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 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”)).
`
`Based on the facts set forth in the Motion and the accompanying
`
`Affidavit, we conclude that Mr. Walden has sufficient legal and technical
`
`qualifications to represent Petitioner in this proceeding, that Mr. Walden has
`
`demonstrated sufficient familiarity with the subject matter of this
`
`proceeding, and that Petitioner’s intent to be represented by counsel with
`
`litigation experience is warranted. Accordingly, Petitioner has established
`
`good cause for pro hac vice admission of Mr. Walden. Mr. Walden will be
`
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`Petitioner provides Power of Attorney for all Practitioners associated
`
`with Customer Number 83559. Paper 1. Mr. Walden, however, is not
`
`
`
`2
`
`
`
`PGR2018-00100
`Patent 9,980,644 B2
`
`associated with Customer Number 83559. Accordingly, Petitioner must
`
`submit a Power of Attorney for Mr. Walden 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).
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s Motion for pro hac vice admission of Mr.
`
`Alexander Walden is granted;
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner represent it as lead counsel for this proceeding;
`
`FURTHER ORDERED that Mr. Walden is authorized to represent
`
`Petitioner only as back-up counsel in this proceeding;
`
`FURTHER ORDERED that Mr. Walden is to 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 Part 42 of Title 37, Code of Federal
`
`Regulations;1
`
`FURTHER ORDERED that Mr. Walden shall 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.;
`
`FURTHER ORDERED that, within ten (10) business days of the date
`
`of this Order, Petitioner must submit a Power of Attorney for Mr. Walden in
`
`this proceeding in accordance with 37 C.F.R. § 42.10(b); and
`
`
`1 In the Affidavit, Mr. Walden indicates compliance 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., as opposed to Part 42 of 37 C.F.R. Ex. 1008 ¶ 5. We
`deem this harmless error.
`
`
`
`3
`
`
`
`PGR2018-00100
`Patent 9,980,644 B2
`
`
`FURTHER ORDERED that Petitioner shall file an updated
`
`Mandatory Notice in this proceeding in accordance with
`
`37 C.F.R. § 42.8(b)(3), identifying Mr. Walden as back-up counsel.
`
`
`
`
`
`
`
`For Petitioner:
`
`Joseph Richetti
`Joe.richetti@bryancave.com
`
`Kevin Paganini
`Kevin.paganini@bryancave.com
`
`For Patent Owner:
`
`W. Karl Renner
`Axf-ptab@fr.com
`
`Robert Devoto
`devoto@fr.com
`
`Mark Koffsky
`mkoffsky@koffskyschwalb.com
`
`Gary Serbin
`gserbin@koffskyschwalb.com
`
`Andrew R. Kopsidas
`kopsidas@fr.com
`
`
`
`
`4
`
`
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