`571-272-7822
`
`Paper 11
`Entered: March 17, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PHARMACOSMOS A/S,
`Petitioner,
`
`v.
`
`AMERICAN REGENT, INC.,
`Patent Owner.
`____________
`
`PGR2020-00009
`Patent 10,478,450 B2
`____________
`
`
`
`Before ERICA A. FRANKLIN, JON B. TORNQUIST, and
`JAMIE T. WISZ, Administrative Patent Judges.
`
`WISZ, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Petitioner’s Motions for Pro Hac Vice Admission
`of Ryan P. Johnson, Vanessa Park-Thompson,
`and So Yeon Choe
`37 C.F.R. § 42.10
`
`
`
`
`
`PGR2020-00009
`Patent 10,478,450 B2
`
`
`On February 4, 2020, Petitioner filed Motions for Admission Pro Hac
`
`Vice of Ryan P. Johnson, Vanessa Park-Thompson, and So Yeon Choe.
`
`Papers 7, 8, and 9 (collectively “Motions”). Petitioner also filed
`
`Declarations of Ryan P. Johnson (Ex. 1106), Vanessa Park-Thompson (Ex.
`
`1107), and So Yeon Choe (Ex. 1108) in support of the Motions (collectively
`
`“Declarations”). Patent Owner has not filed an opposition to the Motions.
`
`For the reasons provided below, Petitioner’s Motions are 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 authorizing a
`
`motion for pro hac vice admission, the Board requires the moving party to
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`provide a statement of facts showing there is good cause for the Board to
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`recognize counsel pro hac vice and an affidavit or declaration of the
`
`individual seeking to appear in the proceeding. See Paper 3, 2 (citing
`
`Unified Patents, Inc. v. Parallel Iron, LLC, 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 Motions and the accompanying
`
`Declarations, we conclude that Mr. Johnson, Ms. Park-Thompson, and Ms.
`
`Choe each have sufficient legal and technical qualifications to represent
`
`Petitioner in this proceeding, and have demonstrated sufficient familiarity
`
`with the subject matter of this proceeding. Accordingly, Petitioner has
`
`established good cause for pro hac vice admission of Mr. Johnson, Ms. Park-
`
`Thompson, and Ms. Choe. Mr. Johnson, Ms. Park-Thompson, and Ms.
`
`Choe will be permitted to serve as back-up counsel only. See 37 C.F.R.
`
`§ 42.10(c).
`
`
`
`2
`
`
`
`PGR2020-00009
`Patent 10,478,450 B2
`
`
`We note that Petitioner has filed a Power of Attorney including Mr.
`
`Johnson, Ms. Park-Thompson, and Ms. Choe in accordance with 37 C.F.R.
`
`§ 42.10(b). Paper 2. Petitioner has also submitted Mandatory Notices
`
`identifying Mr. Johnson, Ms. Park-Thompson, and Ms. Choe as back-up
`
`counsel in accordance with 37 C.F.R. § 42.8(b)(3). Paper 1, 6.
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`
`Mr. Ryan P. Johnson, Ms. Vanessa Park-Thompson, and Ms. So Yeon Choe
`
`are granted;
`
`FURTHER ORDERED that Petitioner shall continue to have a
`
`registered practitioner represent it as lead counsel for this proceeding;
`
`FURTHER ORDERED that Mr. Johnson, Ms. Park-Thompson, and
`
`Ms. Choe are authorized to represent Petitioner as back-up counsel only in
`
`this proceeding;
`
`FURTHER ORDERED that Mr. Johnson, Ms. Park-Thompson, and
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`Ms. Choe are to comply with the Office Patent Trial Practice Guide (84 Fed.
`
`Reg. 64,280 (Nov. 21, 2019)), and the Board’s Rules of Practice for Trials,
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`as set forth in Part 42 of Title 37, Code of Federal Regulations; and
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`FURTHER ORDERED that Mr. Johnson, Ms. Park-Thompson, and
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`Ms. Choe 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.
`
`
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`3
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`
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`PGR2020-00009
`Patent 10,478,450 B2
`
`
`For Petitioner:
`
`Jeffrey Oelke
`joelke@fenwick.com
`
`
`For Patent Owner:
`
`Barbara Rudolph
`Barbara.rudolph@finnegan.com
`
`Trenton Ward
`Trenton.ward@finnegan.com
`
`Cora Holt
`Cora.holt@finnegan.com
`
`
`
`
`4
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`