`571-272-7822
`
`Paper 11
`Entered: June 24, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., EVENTBRITE, INC., and STARWOOD HOTELS &
`RESORTS WORLDWIDE, INC.,
`Petitioners,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`____________
`
`CBM2015-00080 (Patent 6,384,850 B1)
`CBM2015-00081 (Patent 8,146,077 B2)
`CBM2015-00082 (Patent 6,871,325 B1)
`
`____________
`
`
`Before MEREDITH C. PETRAVICK, RICHARD E. RICE, and
`STACEY G. WHITE, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Pro Hac Vice Admission of Mr. Robert Williams
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`CBM2015-00080 (Patent 6,384,850 B1)
`CBM2015-00081 (Patent 8,146,077 B2)
`CBM2015-00082 (Patent 6,871,325 B1)
`
`
`
`INTRODUCTION
`On June 5, 2015, Petitioner filed a Motion for Pro Hac Vice Admission of
`Mr. Robert Williams and an accompanying affidavit in support thereof. Paper 101.
`Patent Owner did not file an opposition.
`
`
`DISSCUSSION
`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 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 this proceeding.
`IPR2013-00639, Paper 7, “Order – Authorizing Motion for Pro Hac Vice
`Admission.”
`
`Lead Counsel for Petitioner is Mr. James M. Heintz, a registered
`practitioner. In the Motion, Petitioner states that there is good cause for the Board
`to recognize Mr. Williams pro hac vice during this proceeding because he
`represents Petitioner in related matters against the Patent Owner. Paper 10, 2–3.
`The motion further asserts that Mr. Williams has obtained detailed knowledge
`regarding the subject matter of the patents at issue in these proceedings. Id.
`An Affidavit of Mr. Williams attesting to, and sufficiently explaining, the
`required facts, accompanies the motion. The Affidavit complies with the
`
`
`1 For expediency, CBM2015-00080 is representative and all subsequent citations
`are to CBM2015-00080 unless otherwise noted.
`2
`
`
`
`
`CBM2015-00080 (Patent 6,384,850 B1)
`CBM2015-00081 (Patent 8,146,077 B2)
`CBM2015-00082 (Patent 6,871,325 B1)
`
`requirements for pro hac vice admission and establishes that Mr. Williams is an
`experienced attorney with an established familiarity with the subject matter at issue
`in this proceeding. Id. at 4–5. The Affidavit further acknowledges that Mr.
`Williams is subject to the USPTO Rules of Professional Conduct set forth in 37
`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`Id. at 4.
`Upon consideration, Petitioner has demonstrated sufficiently that Mr.
`Williams has sufficient legal and technical qualifications to represent Petitioner in
`this proceeding. Accordingly, Petitioner has established that there is good cause
`for admitting Mr. Williams. Mr. Williams may only be designated as backup
`counsel.
`
`
`ORDER
`
`It is:
`ORDERED that Petitioner’s Motion for Pro Hac Vice Admission of Mr.
`Robert Williams is granted, and Mr. Williams is authorized to represent Petitioner
`only as back-up counsel in this proceeding;
`FURTHER ORDERED that Petitioner should continue to have a registered
`practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Williams is to comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as set forth
`in Title 37, Part 42 of the Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Williams is subject to the USPTO’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules of
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`3
`
`
`
`
`
`
`CBM2015-00080 (Patent 6,384,850 B1)
`CBM2015-00081 (Patent 8,146,077 B2)
`CBM2015-00082 (Patent 6,871,325 B1)
`
`
`
`PETITIONER:
`James M. Heintz
`Robert C. Williams
`Ryan W. Cobb
`jim.heintz@dlapiper.com
`robert.williams@dlapiper.com
`ryan.cobb@dlapiper.com
`
`PATENT OWNER:
`John W. Osborne
`Michael D. Fabiano
`josborne@osborneipl.com
`mdfabiano@fabianolawfirm.com
`
`
`
`4
`
`
`
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