`571-272-7822
`
`
`
` Paper 9
`
`Entered: October 15, 2012
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`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAP AMERICA, INC.
`Petitioner,
`
`v.
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner.
`____________
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`____________
`
`
`
`MICHAEL P. TIERNEY, Lead Administrative Patent Judge.
`
`
`
`ORDER – AUTHORIZING MOTION FOR
`PRO HAC VICE ADMISSION – 37 C.F.R. § 42.10
`
`Versata Development Group, Inc. (“Versata”) contacted the Board’s
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`
`
`administrative staff on October 15, 2012, requesting authorization to file a motion
`
`for pro hac vice admission.
`
`
`
`Section 42.10(c) of the Code of Federal Regulations (C.F.R.) provides that:
`
`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 and to any other conditions as the
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`
`
`Board may impose. For example, where the lead counsel is a
`registered practitioner, a motion to appear pro hac vice by counsel
`who is not a registered practitioner may be granted upon showing that
`counsel is an experienced litigating attorney and has an established
`familiarity with the subject matter at issue in the proceeding.
`
`The Board authorizes both parties to file motions for pro hac vice admission
`
`
`
`under 37 C.F.R. § 42.10(c) as follows:
`
`
`
`
`
`1.
`
`Time for Filing
`
`Both parties are authorized to file motions for pro hac vice upon receipt of
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`this Order. Parties seeking to oppose a motion for pro hac vice admission must file
`
`their opposition no later than one week after the filing of the underlying motion.
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`No reply to any opposition shall be filed unless authorized by the Board.
`
`
`
`
`
`
`
`2.
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`Content of Motion
`
`A motion for pro hac vice admission must:
`
`a.
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`Contain a statement of facts showing there is good cause for the Board
`
`to recognize counsel pro hac vice during the proceeding.
`
`
`
`b.
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`Be accompanied by an affidavit or declaration of the individual
`
`seeking to appear attesting to the following:
`
`
`
`i. Membership in good standing of the Bar of at least one State or the
`
`District of Columbia;
`
`
`
`ii. No suspensions or disbarments from practice before any court or
`
`administrative body;
`
`
`
`2
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`
`
`
`
`iii. No application for admission to practice before any court or
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`administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court or
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`administrative body;
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`v. The individual seeking to appear has read and will comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`
`Trials set forth in part 42 of the C.F.R.;
`
`vi. The individual will be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a);
`
`vii. All other proceedings before the Office for which the individual
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`has applied to appear pro hac vice in the last three (3) years; and
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`viii. Familiarity with the subject matter at issue in the proceeding.
`
`
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`c. Where the affiant or declarant is unable to provide any of the
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`information requested above in part 2(b) or make any of the required statements or
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`representations under oath, the individual should provide a full explanation of the
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`circumstances as part of the affidavit or declaration.
`
`
`
`
`
`
`
`3
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`
`PETITIONER:
`
`erika.arner@finnegan.com
`CPdocketkiklis@oblon.com
`
`PATENT OWNER:
`
`nlinck@rfem.com
`VERSATA-PGR@rfem.com
`
`
`
`
`
`
`
`
`
`4
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`
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