Trials@uspto.gov
`Tel: 571-272-7822
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`Paper 48
`Entered: May 20, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`AKER BIOMARINE AS
`Petitioner
`
`v.
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`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.
`Patent Owner
`_______________
`
`Case IPR2014-00003
`Patent 8,278,351
`_______________
`
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
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`GREEN, Administrative Patent Judge.
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`
`
`ORDER
`Petitioner’s Motion for the Pro Hac Vice Admission of
`Michael W. De Vries
`37 C.F.R. § 42.10
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`

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`Case IPR2014-00003
`Patent 8,278,351
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`Petitioner, Aker BioMarine AS (“Petitioner”), timely filed a Motion for the
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`Pro Hac Vice Admission of Michael W. De Vries1 pursuant to 37 C.F.R.
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`§ 42.10(c) (Paper 39), accompanied by the Declaration of Michael W. De Vries in
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`Support of the Motion (Ex. 1082). Patent Owner has not filed an opposition to the
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`Motion. For the reasons provided below, Petitioner’s Motion is granted.
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`As set forth in § 42.10(c), we may recognize counsel pro hac vice during a
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`proceeding upon a showing of good cause, subject to the condition that lead
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`counsel be a registered practitioner. For example, where the lead counsel is a
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`registered practitioner, a non-registered practitioner may be permitted to appear
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`pro hac vice “upon showing that counsel is an experienced litigating attorney and
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`has an established familiarity with the subject matter at issue in the proceeding.”
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`37 C.F.R. § 42.10(c). In authorizing motions for pro hac vice admission, we also
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`require a statement of facts showing there is good cause for us to recognize counsel
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`pro hac vice and an affidavit or declaration of the individual seeking to appear in
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`this proceeding. See Paper 7 (referencing the “Order – Authorizing Motion for Pro
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`Hac Vice Admission” in Motorola Mobility LLC v. Arnouse, Case IPR2013-00010
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`(PTAB October 15, 2012) (Paper 7 at 3-4) (expanded panel)).
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`In its Motion, Petitioner asserts that there is good cause for Mr. De Vries’
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`pro hac vice admission because: (1) Mr. De Vries is an experienced patent
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`litigation attorney; and (2) Mr. De Vries is familiar with the subject matter at issue
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`in the instant proceeding. Mr. De Vries experience as a patent litigation attorney
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`“includes several matters in the chemical, electrical, and computer science arts, and
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`. . . particular experience relevant to the technological and legal matters at issue in
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`1. The Motion is captioned as a combined Motion for the Pro Hac Vice Admission
`of Michael W. De Vries and Leslie M. Schmidt. This Order addresses the Motion
`as it pertains to the pro hac vice admission of Mr. De Vries.
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`Case IPR2014-00003
`Patent 8,278,351
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`this proceeding.” Mr. DeVries states that he is “very familiar with U.S. Patent No.
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`8,278,351, and with the legal subject matter, technical subject matter, and prior art
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`discussed in AKBM’s Request for Inter Partes Review of U.S. Patent No.
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`8,278,351, which forms the basis for this proceeding.” Ex. 1082, ¶ 5. In support
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`of the Motion, Mr. De Vries attests to these facts in his Declaration. Ex. 1082. In
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`addition to the foregoing, Petitioner’s lead counsel J. Mitchell Jones, and back-up
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`counsel, Amanda J. Hollis, are registered practitioners. Ex. 1082, ¶ 1.
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`Based on the facts set forth above, we conclude that Mr. De Vries has
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`sufficient legal and technical qualifications to represent Petitioner in this
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`proceeding and that the criteria for pro hac vice admission are satisfied. See
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`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15,
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`2013) (Paper 7) (expanded panel), (superseding IPR2013-00010, Paper 7, dated
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`October 15, 2012, and setting forth the requirements for pro hac vice admission)
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`(copy available on the Board Web site under “Representative Orders, Decisions,
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`and Notices”). Accordingly, Petitioner has established good cause for Mr.
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`De Vries’ pro hac vice admission. Mr. De Vries will be permitted to appear pro
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`hac vice in the instant proceeding as back-up counsel only. See 37 C.F.R.
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`§ 42.10(c).
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`For the foregoing reasons, it is
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`ORDERED that Petitioner’s Motion for the Pro Hac Vice Admission of
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`Michael W. De Vries for the instant proceeding is granted; Mr. De Vries is
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`authorized to represent Petitioner as back-up counsel in the instant proceeding;
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`FURTHER ORDERED that Petitioner is to continue to have a registered
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`practitioner as lead counsel in the instant proceeding;
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`Case IPR2014-00003
`Patent 8,278,351
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`FURTHER ORDRED that Mr. De Vries 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. De Vries is to be subject to the Office’s
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101-11.901.
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`For PETITIONER:
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`John Jones
`jmjones@casimirjones.com
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`Amanda Hollis
`amanda.hollis@kirkland.com
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`For PATENT OWNER:
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`Stephen Altieri
`saltieri@cooley.com
`
`J. Dean Farmer
`dfarmer@cooley.com
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