`Date: September 26, 2013
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SCHRADER-BRIDGEPORT INTERNATIONAL, INC. et al.
`Petitioner
`
`v.
`
`CONTINENTAL AUTOMOTIVE SYSTEMS US, INC.
`Patent Owner
`____________
`
`Case IPR2013-00014
`Patent 6,998,973
`____________
`
`Before SALLY C. MEDLEY, JOSIAH C. COCKS, and MITCHELL G.
`WEATHERLY, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`On September 24, 2013, the following individuals participated in a
`conference call:
`(1) Mr. Collins and Mr. Fuhrer, counsel for Schrader;
`
`
`
`
`
`IPR2013-00014
`Patent 6,998,973
`
`
`
`(2) Mr. Baumann and Mr. Parmelee, counsel for Continental1; and
`(3) Administrative Patent Judges Medley, Cocks, and Weatherly.
`
`The purpose of the call was to discuss the remaining times for taking action
`and to discuss Continental’s motion for pro hac vice admission of Mr. Boyd
`Cloern and Mr. Benjamin Warlick. Paper 22.
`Schedule
`As discussed during the call, there is no occasion for the parties to file any
`papers in this proceeding in accordance with DUE DATES 3-6, other than
`Continental’s request for oral argument. As such, the DUE DATES 3-6 for taking
`action are vacated. As further discussed, Continental shall, within one week of the
`date of this order, file its request for oral argument in accordance with 37 C.F.R. §
`42.70(a).
`The December 11, 2013 hearing date was discussed. The Board proposed
`having the hearing sooner than December 11, 2013. Continental objected to
`changing the December 11, 2013 hearing date. Based on the facts presented by
`counsel for Continental, the Board determined to proceed with the December 11,
`2013 hearing date. An order setting forth the procedure for hearing will be made
`in due course.
`
`
`Pro Hac Vice Admission
`Continental filed a motion for pro hac vice admission of Boyd Cloern and
`Benjamin Warlick. Paper 22. During the conference call, counsel for Continental
`
`1 Mr. Cloern, counsel for Continental in the related litigation, was also present.
`Mr. Anagnos, in-house counsel for Continental , was also present. Counsel for
`Schrader did not object to their presence and limited participation during the
`conference call.
`
`2
`
`
`
`
`
`
`IPR2013-00014
`Patent 6,998,973
`
`
`represented that Mr. Warlick is registered to practice before the Office. Because
`Mr. Warlick is registered to practice before the Office, a motion for the pro hac
`vice admission of Mr. Warlick was not proper. 37 C.F.R. § 42.10 (c).
`Accordingly, the motion is dismissed in that regard. As explained, Continental is
`authorized to add Mr. Warlick as backup counsel if it desires. Continental should
`update the counsel information in the Patent Review Processing System (PRPS) by
`adding Mr. Warlick to the system. In addition, Continental should file a paper
`under 37 CFR § 42.8(a)(3) notifying the Board of the addition of Mr. Warlick as
`back-up counsel. Should a question arise regarding adding Mr. Warlick to the
`PRPS system, Continental may contact the Board at 571-272-7822 for assistance.
`A discussion was had regarding Continental’s motion for pro hac vice
`admission of Mr. Cloern, such as why Continental needed to have yet a fourth
`attorney represent it. Based on the discussion had, Continental withdrew the
`motion for pro hac vice admission with respect to Mr. Cloern.
`
`
`Order
`
`It is
`ORDERED that DUE DATES 3-6 for taking action are vacated;
`FURTHER ORDERED that Continental shall, within a week of the date of
`this order, file its request for oral argument in accordance with 37 C.F.R.
`§ 42.70(a);
`FURTHER ORDERED that Continental’s motion for pro hac vice
`admission with respect to Mr. Warlick is dismissed; and
`FURTHER ORDERED that Continental’s motion for pro hac vice
`admission with respect to Mr. Cloern is withdrawn.
`
`
`3
`
`
`
`
`
`
`
`
`IPR2013-00014
`Patent 6,998,973
`
`
`
`For PETITIONER:
`Bryan P. Collins
`Robert M. Fuhrer
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`bryan.collins@pillsburylaw.com
`Robert.fuhrer@pillsburylaw.com
`
`For PATENT OWNER
`
`Timothy Baumann
`Steven Parmlee
`Fitch Even Tabin & Flannery
`tbaumann@fitcheven.com
`sgparm@fitcheven.com
`
`
`
`4
`
`
`
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