UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GAIN CAPITAL HOLDINGS, INC.,
`Petitioner
`v.
`OANDA CORPORATION
`Patent Owner
`____________
`
`Case No. CBM2020-00021
`Patent 8,392,311
`____________
`
`PATENT OWNER OANDA CORPORATION’S
`MOTION FOR PRO HAC VICE ADMISSION OF
`ERIK DYKEMA UNDER 37. C.F.R. § 42.10(c)
`
`
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GAIN CAPITAL HOLDINGS, INC.,
`Petitioner
`v.
`OANDA CORPORATION
`Patent Owner
`____________
`
`Case No. CBM2020-00021
`Patent 8,392,311
`____________
`
`PATENT OWNER OANDA CORPORATION’S
`MOTION FOR PRO HAC VICE ADMISSION OF
`ERIK DYKEMA UNDER 37. C.F.R. § 42.10(c)
`
`
`
`
`
`EXHIBIT LIST
`
`2001 Declaration of Erik Dykema in Support of Motion for Pro Hac Vice
`Admission
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c) and the Notice of Filing Date in this
`
`proceeding (Paper 5 at 1-2), Patent Owner OANDA Corporation (“Patent
`
`Owner”) respectfully requests that the Board admit Erik Dykema pro hac vice
`
`in this proceeding as back-up counsel.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`
`Section 42.10(c), 37 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 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 has further required that a motion for pro hac vice admission
`
`be filed in accordance with the “Order - Authorizing Motion for Pro Hac Vice
`
`
`
`Admission” entered in Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-
`
`00639, Paper 7 (P.T.A.B. Oct. 15, 2013) (“United Patents Order”).
`
`The United Patents Order requires that such motions (1) “[c]ontain a
`
`statement of facts showing there is good cause for the Board to recognize
`
`counsel pro hac vice during the proceeding[,]” and (2) “[b]e accompanied by an
`
`affidavit or declaration of the individual seeking to appear attesting to the
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`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;
`iii. No application for admission to practice before any court
`or administrative body ever denied;
`iv. No sanctions or contempt citations imposed by any court
`or administrative body;
`The individual seeking to appear has 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 37 C.F.R.;
`The individual will be subject to the U.S.P.T.O. 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);
`vii. All other proceedings before the Office for which the individual
`has applied to appear pro hac vice in the last three (3) years; and
`Familiarity with the subject matter at issue in the proceeding.
`
`viii.
`
`v.
`
`vi.
`
`
`
`III.
`
`STATEMENT OF FACTS
`
`Based on the following statement of facts, and supported by the
`
`Declaration of Erik Dykema, submitted herewith as Exhibit 2001, Patent Owner
`
`requests the pro hac vice admission of Erik Dykema in this proceeding:
`
`1. Patent Owner’s lead counsel, Drew Koning (the undersigned), is
`
`a registered practitioner (Reg. No. 60,764).
`
`2. Mr. Dykema is an associate at the law firm of Koning Zollar
`
`LLP. Ex. 2001 ¶ 8.
`
`3. Mr. Dykema is an experienced litigator, and the majority of his
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`practice has consisted of patent litigation and other patent related
`
`matters. Id. ¶ 9.
`
`4. Mr. Dykema has an established familiarity with the subject
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`matter at issue in this proceeding, has reviewed the patent at
`
`issue, as well as the petition and the relevant art. Id. ¶ 12.
`
`5. Mr. Dykema is a member in good standing of the bars of New
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`Jersey and New York. Id. ¶ 1, 2.
`
`6. Mr. Dykema has never been suspended or disbarred, had an
`
`application for admission denied, or had any sanctions or
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`contempt citations imposed upon him. Id. ¶ 3-5.
`
`7. Mr. Dykema has read and will comply with the Trial Practice
`
`
`
`Guide and the Board’s Rules of Practice for Trials; and agrees to
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`be subject to the USPTO Rules for Professional Conduct and
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`disciplinary jurisdiction. Id. ¶ 6-7.
`
`8. Mr. Dykema intends to apply, concurrent with this application,
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`to appear pro hac vice in the following matters: GAIN Capital
`
`Holdings Inc. v. Oanda Corp., CBM2020-00022 and CBM2020-
`
`00023.
`
`9. Mr. Dykema has not previously applied for admission pro hac
`
`vice before the USPTO in the past three years.
`
`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION
`OF ERIK DYKEMA.
`The Board may recognize counsel pro hac vice upon a showing of good
`
`cause, subject to the condition that lead counsel be a registered practitioner and
`
`to any other conditions as the Board may impose. 37 C.F.R. § 42.10(c).
`
`The facts outlined above in the Statement of Facts, and contained in the
`
`Declaration of Erik Dykema (Ex. 2001), establish that there is good cause to
`
`admit Mr. Dykema pro hac vice in this proceeding. Patent Owner’s lead counsel
`
`is a registered practitioner. Mr. Dykema has extensive experience in patent
`
`litigation and post grant patent proceedings. He also has an established
`
`familiarity with the subject matter at issue, including the patents, petitions, and
`
`references.
`
`
`
`V.
`
`CONCLUSION
`
`For the foregoing reasons, Patent Owner respectfully requests that the
`
`Board admit Mr. Dykema pro hac vice in this proceeding.
`
`Respectfully submitted,
`
`/ Drew Koning/
`Drew Koning, Reg. No. 60,764
`
`Date: October 6, 2020
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the following documents were served by
`electronic service, by consent (see Paper 2 at 3), on the date signed below:
`
`PATENT OWNER OANDA CORPORATION’s
`MOTION FOR PRO HAC VICE ADMISSION
`OF ERIK DYKEMA UNDER 37 C.F.R. § 42.10(c)
`
`EXHIBIT 2001
`
`The names and address of the parties being served are as follows:
`
`GAIN Capital Holdings, Inc.:
`Michael Rosato (mrosato@wsgr.com)
`Matthew Argenti (margenti@wsgr.com)
`Wesley Derryberry (wderryberry@wsgr.com)
`
`Respectfully submitted,
`
`/ Drew Koning /
`
`Date: October 6, 2020
`
`
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