`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CMI CORP.
`Petitioner
`v.
`
`Patent of HIRAKATA YOSHIHARU and
`SHUNPEI YAMAZAKI
`Patent Owner
`____________
`
`Case IPR2013-00066
`Patent 7,876,413
`____________
`
`
`Before MARIA VIGNONE, Supervisory Trial Clerk.
`Date Mailed: December 5, 2012
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of November 30, 2012.
`Administrative Patent Judge Sally C. Medley has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`
`
`
`Case IPR2013-00066
`Patent 7,876,413
`
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is attached to this Notice.
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB. To file documents, users must first
`obtain a user ID and password by registering with PRPS. Information
`regarding how to register with and use PRPS is available at the Board Web
`site.
`
`If there are any questions pertaining to this notice, please contact the
`Patent Trial and Appeal Board at 571-272-7822.
`
`
`
`
`
`
`Case IPR2013-00066
`Patent 7,876,413
`
`
`PETITIONER:
`
`Scott A. McKeown, Esq.
`Oblon, Spivak, McClelland,
`Maier & Neustadt, LLP
`cpdocketmckeown@oblon.com
`
`Gregory S. Cordrey
`Jeffer Mangels Butler
`& Mitchell, LLP
`gcordrey@jmbm.com
`
`PATENT OWNER:
`
`Husch Blackwell, LLP
`120 S. Riverside Plaza
`22nd Floor
`Chicago, IL 60606
`
`
`
`Trials@uspto.gov
`571-272-7822
`
` Paper 6
`
`Entered: October 15, 2012
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOTOROLA MOBILITY LLC
`Petitioner,
`
`v.
`
`Patent of MICHAEL ARNOUSE
`Patent Owner.
`____________
`
`Case IPR2013-00010 (MPT)
`Patent 7,516,484
`____________
`
`
`
`
`Before JAMES DONALD SMITH, Chief Administrative Patent Judge, JAMES T.
`MOORE, Vice Chief Administrative Patent Judge, MICHAEL P. TIERNEY, Lead
`Administrative Patent Judge,1 and JAMESON LEE, SALLY G. LANE, SALLY C.
`MEDLEY, JONI Y. CHANG, THOMAS L. GIANNETTI, and BRIAN J.
`McNAMARA, Administrative Patent Judges.
`
`TIERNEY, Lead Administrative Patent Judge.
`
`
`
`ORDER – AUTHORIZING MOTION FOR
`PRO HAC VICE ADMISSION – 37 C.F.R. § 42.10
`
`
`
`1 Judge Tierney serves as lead judge of the Board’s Trial Section.
`
`
`
`Case IPR2013-00010
`Patent 7,516,484
`
`
`
`Motorola Mobility, LLC (“Motorola”) has requested that the Board
`
`authorize a motion for pro hac vice admission. Petition, Paper 2 at 2. Specifically,
`
`Motorola requests that the Board authorize a motion for Steven D. Moore to appear
`
`pro hac vice. According to Motorola, Mr. Moore is an experienced litigating
`
`attorney and is familiar with the subject matter at issue in the proceeding as Mr.
`
`Moore is lead counsel in a concurrent litigation involving the same patent as that
`
`challenged in this proceeding.
`
`
`
`
`
`Section 42.10(c) of the Code of Federal Regulations (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 authorizes both parties to file motions for pro hac vice admission
`
`under 37 C.F.R. § 42.10(c) as follows:
`
` 1.
`
`
`
`Time for Filing
`
`The time for filing pro hac vice motions is no sooner than twenty one (21)
`
`days after service of the petition, which is the time for filing patent owner
`
`mandatory notices. Parties seeking to oppose a motion for pro hac vice admission
`
`
`
`2
`
`
`
`Case IPR2013-00010
`Patent 7,516,484
`
`must file their opposition no later than one week after the filing of the underlying
`
`motion. No reply to any opposition shall be filed unless authorized by the Board.
`
` 2.
`
` A
`
`
`
`Content of Motion
`
`motion for pro hac vice admission must:
`
`a.
`
`Contain a statement of facts showing there is good cause for the Board
`
`to recognize counsel pro hac vice during the proceeding.
`
`
`
`b.
`
`Be accompanied by an affidavit or declaration of the individual
`
`seeking to appear attesting to the 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;
`
`v. 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 the C.F.R.;
`
`
`
`3
`
`
`
`Case IPR2013-00010
`Patent 7,516,484
`
`
`vi. The individual will be subject to the USPTO 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);
`
`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
`
`viii. Familiarity with the subject matter at issue in the proceeding.
`
` c.
`
`Where the affiant or declarant is unable to provide any of the
`
`information requested above in part 2(b) or make any of the required statements or
`
`representations under oath, the individual should provide a full explanation of the
`
`circumstances as part of the affidavit or declaration.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2013-00010
`Patent 7,516,484
`
`PETITIONER:
`
`Ko-Fang Chang
`KILPATRICK TOWNSEND & STOCKTON LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`
`
`PATENT OWNER:
`
`IP GROUP OF DLA PIPER LLP (US)
`One Liberty Place
`1650 Market St., Suite 4900
`Philadelphia, PA 19103
`
`
`
`
`
`
`
`
`
`
`5
`
`
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