`
` Entered: August 20, 2014
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`_______________
`
`
`
`Before SALLY C. MEDLEY, Administrative Patent Judge.
`
`
`
`DECISION
`Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10
`
`On August 12, 2014, Petitioner filed motions for pro hac vice admission of
`
`Ms. Laura E. Miller. The motions are unopposed.1 For the reasons provided
`
`below, Petitioner’s motions are granted.
`
`
`1 Patent Owner did not file an opposition within one week from the filing of
`Petitioner’s motions.
`
`
`
`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`
`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, subject to the condition
`
`that lead counsel be a registered practitioner. In authorizing motions for pro hac
`
`vice admission, the Board requires the moving party to provide a statement of facts
`
`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
`
`4, Notice of Filing Date Accorded to Petition, 2 (incorporating requirements in the
`
`“Order – Authorizing Motion for Pro Hac Vice Admission” in IPR2013-00639).2
`
`In this proceeding, lead counsel for Petitioner, Mr. Andrew Ehmke, is a
`
`registered practitioner. Petitioner’s motions indicate that there is good cause for the
`
`Board to recognize Ms. Miller pro hac vice during these proceedings, and is
`
`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
`
`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.
`
`Upon consideration, Petitioner has demonstrated that Ms. Miller possesses
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`sufficient legal and technical qualifications to represent Petitioner in these
`
`proceedings, and the Board recognizes that there is a need for Petitioner to have Ms.
`
`Miller involved. Accordingly, Petitioner has established good cause for Ms.
`
`
`2 Citations are to IPR2014-00252.
`
`2
`
`
`
`
`
`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`Miller’s admission. Ms. Miller will be permitted to appear pro hac vice in this
`
`proceeding as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`For the foregoing reasons, it is
`
`ORDERED that Petitioner’s motions for pro hac vice admission of Ms.
`
`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
`
`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.
`
`3
`
`
`
`
`
`
`
`
`
`4
`
`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`PETITIONER:
`
`Andrew Ehmke
`andy.ehmke.ipr@haynesboone.com
`
`Dustin Johnson
`dustin.johnson.ipr@haynesboone.com
`
`
`
`PATENT OWNER:
`
`Erika Arner
`erika.arner@finnegan.com
`
`Joshua Goldberg
`joshua.goldberg@finnegan.com
`
`Russell Levine
`russell.levine@kirkland.com
`
`Eugene Goryunov
`eugene.goryunov@kirkland.com
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