`Tel: 571-272-7822
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`
`
`
` Paper 8
`Entered: October 13, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
`
`
`PGR2020-00055
`Patent D855,508 S
`
`
`
`
`
`
`
`
`
`
`
`
`Before KEN B. BARRETT, SCOTT A. DANIELS, ROBERT L. KINDER,
`Administrative Patent Judges.
`
`KINDER, 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
`
`
`
`
`
`
`
`
`PGR2020-00055
`Patent D855,508 S
`
`
`
`GM Global Technology Operations LLC (“Patent Owner”) filed a
`motion for pro hac vice admission of Joseph A. Herriges in the above-listed
`proceeding (“Motion”). Paper 7. Patent Owner also filed a supporting
`declaration from Mr. Herriges. Ex. 2001. Patent Owner states that the
`Motion is unopposed. Paper 7, 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 3, 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 Motion for Admission Pro Hac Vice of Joseph A.
`Herriges is granted and Mr. Herriges is authorized to represent Patent
`Owner only as back-up counsel in this proceeding;
`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);
`
`
`
`PGR2020-00055
`Patent D855,508 S
`
`
`
`FURTHER ORDERED that a registered practitioner will continue to
`represent Patent Owner as lead counsel in the above-listed proceeding;
`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;1 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).
`
`
`
`1 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. 2001 ¶ 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
`deem this harmless error.
`
`
`
`PGR2020-00055
`Patent D855,508 S
`
`
`PETITIONER:
`
`Barry F. Irwin
`Reid Huefner
`IRWIN IP LLC
`birwin@irwinip.com
`rhuefner@irwinip.com
`
`PATENT OWNER:
`
`Dorothy P. Whelen
`Jennifer Huang
`Craig A. Deutsch
`Grace J. Kim
`Joseph A. Herriges (Pro Hac Vice)
`FISH & RICHARDSON P.C.
`IPR45343-0018IP1@fr.com
`PTABInbound@fr.com
`whelan@fr.com
`jjh@fr.com
`deutsch@fr.com
`gkim@fr.com
`jhuang@fr.com
`herriges@fr.com
`
`
`