`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 26
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` Entered: August 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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`NETFLIX, INC.,
`Petitioner,
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`v.
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`OPENTV, INC.,
`Patent Owner.
`_______________
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`Cases IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`_______________
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`Before SALLY C. MEDLEY, Administrative Patent Judge.
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`DECISION
`Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10
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`On August 12, 2014, Petitioner filed motions for pro hac vice admission of
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`Ms. Laura E. Miller. The motions are unopposed.1 For the reasons provided
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`below, Petitioner’s motions are granted.
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`1 Patent Owner did not file an opposition within one week from the filing of
`Petitioner’s motions.
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`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
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`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac
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`vice during a proceeding upon a showing of good cause, subject to the condition
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`that lead counsel be a registered practitioner. In authorizing motions for pro hac
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`vice admission, the Board requires the moving party to provide a statement of facts
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`showing good cause for the Board to recognize counsel pro hac vice and an
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`affidavit or declaration of the individual seeking to appear in this proceeding. Paper
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`4, Notice of Filing Date Accorded to Petition, 2 (incorporating requirements in the
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`“Order – Authorizing Motion for Pro Hac Vice Admission” in IPR2013-00639).2
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`In this proceeding, lead counsel for Petitioner, Mr. Andrew Ehmke, is a
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`registered practitioner. Petitioner’s motions indicate that there is good cause for the
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`Board to recognize Ms. Miller pro hac vice during these proceedings, and is
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`supported by the affidavit of Ms. Miller. Ex. 1007.
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`In particular, the motions explain that Ms. Miller is an experienced litigating
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`attorney, and Ms. Miller declares that she has an established familiarity with the
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`subject matter at issue in this proceeding, as she is counsel in a related district court
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`case involving the same patents involved in these proceedings. Paper 22, 1–2; Ex.
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`1007.
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`Upon consideration, Petitioner has demonstrated that Ms. Miller possesses
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`sufficient legal and technical qualifications to represent Petitioner in these
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`proceedings, and the Board recognizes that there is a need for Petitioner to have Ms.
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`Miller involved. Accordingly, Petitioner has established good cause for Ms.
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`2 Citations are to IPR2014-00252.
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`2
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`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
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`Miller’s admission. Ms. Miller will be permitted to appear pro hac vice in this
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`proceeding as back-up counsel only. See 37 C.F.R. § 42.10(c).
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`For the foregoing reasons, it is
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`ORDERED that Petitioner’s motions for pro hac vice admission of Ms.
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`Laura E. Miller are granted;
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`FURTHER ORDERED that Ms. Laura E. Miller is authorized to represent
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`Petitioner as back-up counsel only;
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`FURTHER ORDERED that Petitioner is to continue to have a registered
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`practitioner represent Petitioner as lead counsel for these proceedings; and
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`FURTHER ORDERED that Ms. Laura E. Miller is to comply with the Office
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`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as set forth
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`in Part 42 of Title 37, Code of Federal Regulations, and 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 et seq.
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`3
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`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
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`PETITIONER:
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`Andrew Ehmke
`andy.ehmke.ipr@haynesboone.com
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`Dustin Johnson
`dustin.johnson.ipr@haynesboone.com
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`PATENT OWNER:
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`Erika Arner
`erika.arner@finnegan.com
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`Joshua Goldberg
`joshua.goldberg@finnegan.com
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`Russell Levine
`russell.levine@kirkland.com
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`Eugene Goryunov
`eugene.goryunov@kirkland.com
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`4
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