`571-272-7822
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`Paper 11
`Entered: November 20, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TRADESTATION GROUP, INC. and
`TRADESTATION SECURITIES, INC.,
`Petitioners,
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`____________
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`Case CBM2015-00172
`Patent No. 7,783,556 B1
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`____________
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`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`PHILIP J. HOFFMANN, Administrative Patent Judges.
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`PETRAVICK, Administrative Patent Judge.
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`ORDER
`Pro Hac Vice Admission of Mr. Adam Kessel
`37 C.F.R. § 42.10(c)
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`CBM2015-00172
`Patent No. 7,783,556 B1
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`INTRODUCTION
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`On September 29, 2015, Petitioner filed an Unopposed Motion for Pro Hac
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`Vice Admission of Mr. Adam J. Kessel (Paper 7) and an accompanying declaration
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`in support thereof (Ex. 1015). Patent Owner did not file an opposition.
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`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac
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`DISCUSSION
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`vice during a proceeding upon a showing of good cause, subject to the condition
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`that lead counsel be a registered practitioner. In authorizing a motion for pro hac
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`vice admission, the Board requires the moving party to provide a statement of facts
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`showing there is good cause for the Board to recognize counsel pro hac vice and an
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`affidavit or declaration of the individual seeking to appear in this proceeding.
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`IPR2013-00639, Paper 7, “Order – Authorizing Motion for Pro Hac Vice
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`Admission.”
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`Lead Counsel for Petitioner is Mr. John C. Phillips, a registered practitioner.
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`In the Motion, Petitioner states that there is good cause for the Board to recognize
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`Mr. Kessel pro hac vice during this proceeding because he represents Petitioner in
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`related matters against the Patent Owner. Paper 7, 2. The motion further asserts
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`that Mr. Kessel has experience and familiarity with the subject matter of the
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`patents at issue in these proceedings. Id.
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`A Declaration of Mr. Kessel attesting to, and sufficiently explaining, the
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`required facts, accompanies the motion. The Declaration complies with the
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`requirements for pro hac vice admission and establishes that Mr. Kessel is an
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`experienced attorney with an established familiarity with the subject matter at issue
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`in this proceeding. Ex. 1015 ¶¶ 7–8. The Declaration further acknowledges that
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`2
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`CBM2015-00172
`Patent No. 7,783,556 B1
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`Mr. Kessel is subject to the USPTO Rules of Professional Conduct set forth in 37
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`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`Id. at ¶ 6.
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`Upon consideration, Petitioner has demonstrated sufficiently that Mr. Kessel
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`has sufficient legal and technical qualifications to represent Petitioner in this
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`proceeding. Accordingly, Petitioner has established that there is good cause for
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`admitting Mr. Kessel. Mr. Kessel may only be designated as backup counsel.
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`It is:
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`ORDER
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`ORDERED that Petitioner’s Motion for Pro Hac Vice Admission of Mr.
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`Adam Kessel is granted, and Mr. Kessel is authorized to represent Petitioner only
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`as back-up counsel in this proceeding;
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`FURTHER ORDERED that Petitioner should continue to have a registered
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`practitioner as lead counsel in this proceeding;
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`FURTHER ORDERED that Mr. Kessel is to comply with the Office Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials, as set forth in
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`Title 37, Part 42 of the Code of Federal Regulations; and
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`FURTHER ORDERED that Mr. Kessel is subject to the USPTO’s
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
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`CBM2015-00172
`Patent No. 7,783,556 B1
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`PETITIONER:
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`John C. Phillips
`Kevin Su
`FISH & RICHARDON, P.C.
`Phillips@fr.com
`CBM41919-0002CP1@fr.com
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`PATENT OWNER:
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`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON, FARABOW,
`GARRET & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rache.emsley@finnegan.com
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`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
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