`Trials@uspto.gov
`Tel: 571-272-7822
`
`
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`
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`
`
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` Paper 11
`
` Entered: May 20, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CALLIDUS SOFTWARE INC.
`Petitioner
`
`v.
`
`VERSATA SOFTWARE, INC. and
` VERSATA DEVELOPMENT GROUP, INC.
`Patent Owners
`_______________
`
`Cases CBM2014-00117 (Patent 7,908,304 B2)
`CBM2014-00118 (Patent 7,958,024 B2)1
`_______________
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`DECISION
`Motion for Pro Hac Vice Admission
` 37 C.F.R. § 42.10
`
`
`
`
`1 This order addresses an issue that is identical in the cases. Therefore, we exercise
`discretion to issue one order to be filed in each case. The parties, however, are not
`authorized to use this style heading.
`
`
`
`CASES CBM2014-00117, 00118
`Patents 7,908,304 B2, 7,958,024 B2
`
`
`
`
`Callidus Software, Inc. (“Callidus”) filed motions for pro hac vice
`admission of Mr. Assad H. Rajani (Paper 8) and Mr. Michael S. Tonkinson (Paper
`9) in each case.2 The motions are unopposed. The 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. In authorizing motions
`for pro hac vice, the Board requires the moving party to provide 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 a proceeding.
`“Notice”; Paper 4.
`In the motions, Callidus states that there is good cause for the Board to
`recognize Mr. Rajani and Mr. Tonkinson pro hac vice during these proceedings,
`because they are experienced litigating attorneys with an established familiarity
`with the subject matter at issue in the proceedings. Papers 8 and 9. In addition, the
`motions state that Mr. Rajani and Mr. Tonkinson are counsel for Callidus in the
`related litigation between Callidus and Versata. Id. at 2. Mr. Rajani and
`Mr. Tonkinson each made a declaration attesting to, and explaining, these facts.
`Exhibits 1022 and 1023. Each declaration complies with the requirements set forth
`in the Notice.
`Upon consideration, Callidus has demonstrated that Mr. Rajani and Mr.
`Tonkinson have sufficient legal and technical qualifications to represent Callidus
`in these proceedings. Moreover, the Board recognizes that there is a need for
`Callidus to have related litigation counsel involved in these proceedings.
`
`2 Citations are to CBM2014-00117.
`
`2
`
`
`
`CASES CBM2014-00117, 00118
`Patents 7,908,304 B2, 7,958,024 B2
`
`Accordingly, Callidus has also established that there is good cause for admitting
`Mr. Rajani and Mr. Tonkinson.
`It is
`ORDERED that the Callidus motions for pro hac vice admission of Mr.
`Assad H. Rajani and Mr. Michael S. Tonkinson for these proceedings are granted;
`FURTHER ORDERED that Callidus is to continue to have a registered
`practitioner represent it as lead counsel for these proceedings; and
`FURTHER ORDERED that Mr. Rajani and Mr. Tonkinson are to comply
`with the Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials, as set forth in Part 42 of Title 37, Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Rajani and Mr. Tonkinson are subject to the
`USPTO Rules of Professional Conduct3 set forth in 37 C.F.R. §§ 11.101 et. seq.
`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`
`
`
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`
`
`
`
`
`
`
`3 Mr. Rajani and Mr. Tonkinson incorrectly refer to the title as the “USPTO Code
`of Professional Responsibility.” See, e.g., Ex. 1022, ¶ 7.
`3
`
`
`
`
`
`CASES CBM2014-00117, 00118
`Patents 7,908,304 B2, 7,958,024 B2
`
`PETITIONER:
`
`Deborah E. Fishman
`Michael S. Tonkinson (pro hac vice)
`Assad H. Rajani (pro hac vice)
`DICKSTEIN SHAPIRO LLP
`fishmand@dicksteinshapiro.com
`tonkinsonm@dicksteinshapiro.com
`rajania@dicksteinshapiro.com
`
`PATENT OWNERS:
`
`Kent B. Chambers
`TERRILE, CANNATTI,
`CHAMBERS & HOLLAND LLP
`kchambers@tcchlaw.com
`
`David W. O’Brien
`John Russell Emerson
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`
`
`
`
`
`
`
`
`4
`
`
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