`Tel: 571-272-7822
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` Paper 9
`Entered: April 2, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
`
`
`IPR2020-00064 (Patent D823,741 S)
`PGR2020-00004 (Patent D840,306 S)
`PGR2020-00005 (Patent D841,532 S)1
`
`
`Before JOSIAH C. COCKS, SCOTT A. DANIELS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for Pro Hac Vice Admission of
`Joseph A. Herriges
`37 C.F.R. § 42.10
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`
`1 This Order addresses issues that are the same in all identified proceedings.
`We exercise our discretion to issue one Order to be filed in each proceeding.
`The parties, however, are not authorized to use this style heading in
`subsequent papers.
`
`
`
`IPR2020-00064 (Patent D823,741 S)
`PGR2020-00004 (Patent D840,306 S)
`PGR2020-00005 (Patent D841,532 S)
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`
`
`GM Global Technology Operations LLC (“Patent Owner”) filed
`motions for pro hac vice admission of Joseph A. Herriges in the above-listed
`proceedings (“Motions”). Paper 8.2 Patent Owner also filed supporting
`declarations from Mr. Herriges. Ex. 2003. Patent Owner states that the
`Motions are unopposed. Paper 8, 1.
`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 6, 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. Herriges pro hac vice.
`It is, therefore,
`ORDERED that the Motions for Admission Pro Hac Vice of Joseph
`A. Herriges are granted and Mr. Herriges is authorized to represent Patent
`Owner only as back-up counsel in these proceedings;
`
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`2 All citations are to PGR2020-00004 with the understanding that the other
`proceedings include papers having substantially the same substantive
`content.
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`
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`IPR2020-00064 (Patent D823,741 S)
`PGR2020-00004 (Patent D840,306 S)
`PGR2020-00005 (Patent D841,532 S)
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`
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`FURTHER ORDERED that Patent Owner must file an updated
`mandatory notice identifying Mr. Herriges as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that a registered practitioner will continue to
`represent Patent Owner as lead counsel in the above-listed proceedings;
`FURTHER ORDERED that Mr. Herriges shall comply with the
`Office Patent Trial Practice Guide, as updated by the Consolidated Office
`Patent Trial Practice Guide (84 Fed. Reg. 64,280 (Nov. 21, 2019)) and the
`Board’s Rules of Practice for Trials, as set forth in Part 42 of Title 37, Code
`of Federal Regulations;3 and
`FURTHER ORDERED that that Mr. Herriges is subject to the
`USPTO’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`seq. and to the USPTO’s disciplinary jurisdiction under 37 C.F.R.
`§ 11.19(a).
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`3 The Declaration states that “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 Code of Federal Regulations.” Ex. 2003 ¶ 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. We
`understand the Declarant to be referring to those provisions.
`
`
`
`IPR2020-00064 (Patent D823,741 S)
`PGR2020-00004 (Patent D840,306 S)
`PGR2020-00005 (Patent D841,532 S)
`
`
`PETITIONER:
`
`Barry F. Irwin
`Reid Huefner
`IRWIN IP LLC
`birwin@irwinip.com
`rhuefner@irwinip.com
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`
`PATENT OWNER:
`
`Dorothy P. Whelen
`Craig A. Deutsch
`Grace J. Kim
`FISH & RICHARDSON P.C.
`whelan@fr.com
`deutsch@fr.com
`gkim@fr.com
`
`