`Tel: 571-272-7822
`
`
`Paper 93
`Entered: July 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PETROLEUM GEO-SERVICES INC.,
`and
`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L,
`Petitioner,
`
`v.
`
`WESTERNGECO LLC,
`Patent Owner.
`____________
`
`Cases1
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`
`
`
`Before BRYAN F. MOORE, SCOTT A. DANIELS, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`ORDER
`Patent Owner’s Motion for Pro Hac Vice Admission of Timothy K. Gilman
`37 C.F.R. § 42.10
`
`
`
`
`1 Cases IPR2015-00565, IPR2015-00566, IPR2015-00567 have been joined
`with these proceedings.
`
`
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`
`Patent Owner moves for pro hac vice admission of Mr. Timothy K.
`Gilman. Paper 48 (“Mot.”).2 Petitioner provides a declaration from Mr.
`Gilman (“Gilman Dec’l.,” Ex. 2101) with its motion. Petitioners have not
`filed an opposition to this motion.
`For the reasons stated below, Patent Owner’s motion is granted.
`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.” 37 C.F.R. § 42.10(c). For example, where the lead counsel is a
`registered practitioner, a non-registered practitioner, such as Mr. Gilman,
`may be permitted to appear pro hac vice “upon showing that counsel is an
`experienced litigating attorney and has an established familiarity with the
`subject matter at issue in the proceeding.” Id. In authorizing motions for
`pro hac vice admission, the Board requires the moving party to provide a
`statement of facts showing that there is good cause for the Board to
`recognize counsel pro hac vice and an affidavit or declaration of the
`individual seeking to appear. Id.
`In this proceeding, lead counsel for Patent Owner, Michael L. Kiklis,
`is a registered practitioner. Mot. 2. Patent Owner’s motion indicates that
`there is good cause for the Board to recognize Mr. Gilman pro hac vice
`during this proceeding (id. at 2–3), and is supported by the declaration of
`Mr. Gilman. In particular, Mr. Gilman declares that he has extensive
`experience litigating patent cases. Gilman Dec’l. ¶ 11. Mr. Gilman also
`
`2 The parties filed identical papers in the captioned cases. For ease of
`reference, this order references the papers filed in IPR2014-00687.
`
`
`
`2
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`declares that he has established familiarity with the subject matter at issue in
`the instant proceeding, as he has been representing Patent Owner in related
`district court litigation that involves the same patent challenged in this
`proceeding. Id. at ¶¶ 12–14; see also Mot. ¶¶ 4–5.
`Additionally, Mr. Gilman’s declaration complies with the Board’s
`requirements for pro hac vice admission where Mr. Gilman declares he has
`never been denied admission, suspended, disbarred, sanctioned, or cited for
`contempt by any court or administrative body, and that he agrees to be
`subject to the USPTO Rules of Professional Conduct set forth in 37 C.F.R.
`§§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`Gilman Dec’l. ¶¶ 4–8.
`On this record, we determine that Mr. Gilman has sufficient legal and
`technical qualifications to represent Patent Owner in the instant proceeding.
`We further recognize that there is a need for Patent Owner to have its
`counsel in the related district court litigation involved in this proceeding.
`For the foregoing reasons, Patent Owner has established that there is
`good cause for Mr. Gilman’s pro hac vice admission in the instant
`proceeding.
`
`It is
`ORDERED that Patent Owner’s motion for pro hac vice admission of
`Mr. Timothy Gilman is granted; Mr. Gilman is authorized to represent
`Patent Owner only as back-up counsel in the instant proceeding.
`
`
`
`
`3
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`For PETITIONER:
`
`David. Berl
`Thomas S. Fletcher
`Jessamyn Berniker
`Christopher Suarez
`WILLIAMS & CONNOLLY, LLP
`dberl@wc.com
`tfletcher@wc.com
`jberniker@wc.com
`csuarez@wc.com
`
`W. Karl Renner
`Roberto Devoto
`David L. Holt
`FISH & RICHARDSON P.C.
`IPR37136-0004IP1@fr.com
`
`
`
`For PATENT OWNER:
`
`Michael L. Kiklis
`Scott A. McKeown
`Christopher A. Bullard
`Kevin B. Laurence
`Katherine D. Cappaert
`Christopher Ricciuti
`OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P.
`cpdocketkiklis@oblon.com
`CPdocketMcKeown@oblon.com
`CPdocketBullard@oblon.com
`CPDocketLaurence@oblon.com
`CPDocketCappaert@oblon.com
`CPDocketricciuti@oblon.com
`
`
`
`
`4
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