`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 13
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`
`Entered: December 5, 2012
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LKQ CORPORATION
`Petitioner
`
`v.
`
`Patent of CLEARLAMP, LLC
`Patent OWNER
`_______________
`
`Case IPR2013-00020
`Patent 7,297,364
`_______________
`
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER, and
`JOSIAH C. COCKS, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`DECISION – LKQ Motion for
`Pro Hac Vice Admission – 37 C.F.R. § 42.10
`
`
`
`LKQ Corporation (LKQ) filed a motion for pro hac vice admission of
`
`Heather Boice. (Paper 12). The motion is unopposed. The motion is GRANTED.
`
`
`
`
`
`
`Case IPR2013-00020
`Patent 7,297,364
`
`
`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 LKQ’s
`motion for pro hac vice, the Board required LKQ 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.
`(Paper 7).
`In its motion, LKQ states that there is good cause for the Board to recognize
`Ms. Boice pro hac vice during this proceeding, since Ms. Boice (1) is an
`experienced litigating attorney; (2) is counsel for LKQ in related litigation between
`LKQ and patent owner; (3) has previously represented LKQ in several other
`proceedings; and (4) has counseled LKQ on intellectual property issues related to
`its business for several years. Ms. Boice made a declaration attesting to, and
`sufficiently explaining, these four facts. The declaration additionally complies
`with the requirements set forth per Paper 7. (Ex. 1016).
`Upon consideration, LKQ has sufficiently demonstrated that Ms. Boice has
`sufficient legal and technical qualifications to represent LKQ in this proceeding.
`Moreover, the Board recognizes that there is a need for LKQ to have its related
`litigation counsel involved in this proceeding. Accordingly, LKQ has also
`established that there is good cause for admitting Ms. Boise.
`It is
`ORDERED that LKQ’s motion for pro hac vice admission of Heather Boice
`for this proceeding is GRANTED;
`FURTHER ORDERED that LKQ is to continue to have a registered
`
`
`
`
`
`Case IPR2013-00020
`Patent 7,297,364
`
`practitioner represent it as lead counsel for this proceeding; and
`FURTHER ORDERED that Ms. Boice is 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 the C.F.R., and to be subject to the Office’s Code of Professional
`Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary jurisdiction
`under 37 C.F.R. § 11.19(a).
`
`
`
`
`
`
`PETITIONER:
`
`Alan L. BarryK&L Gates LLP
`Email: alan.barry@klgates.com
`
`and
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`Heather A. Boice
`K&L Gates LLP
`Email: heather.boice@klgates.com
`
`PATENT OWNER:
`
`Matthew L. Cutler
`Harness, Dickey & Pierce, PLC
`Email: mcutler@hdp.com
`
`and
`
`
`
`
`Case IPR2013-00020
`Patent 7,297,364
`
`Bryan Wheelock
`Harness, Dickey & Pierce, PLC
`Email: bwheelock@hdp.com
`
`
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`
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