`571-272-7822
`
` Paper No. 6
`
`Entered: August 6, 2014
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`UNIVERSAL REMOTE CONTROL, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL ELECTRONICS, INC.,1
`Patent Owner.
`____________
`
`Cases IPR2014-01112
`Patent RE39,059 E
`____________
`
`
`
`Before SALLY C. MEDLEY, Administrative Patent Judge.
`
`
`
`DECISION
`Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`1 Patent Owner represents that the owner of the patent and real party-in-interest is
`Universal Electronics, Inc. Paper 4. Office assignment records indicate, however,
`that U.S. Bank National Association is the owner of the patent. Patent Owner
`should update Office assignment records to be consistent with its representations
`made in Paper 4 of this proceeding.
`
`
`
`
`Case IPR2014-01112
`Patent RE39,059 E
`
`On July 22, 2014, Patent Owner filed a motion for pro hac vice admission of
`
`Mr. Matthew J. Levinstein. Paper 5. The motion is unopposed.2 For the reasons
`
`provided below, Patent Owner’s motion is granted.
`
`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
`
`affidavit or declaration of the individual seeking to appear in this proceeding.
`
`Paper 3, Notice of Filing Date Accorded to Petition, 3 (incorporating requirements
`
`in the “Order – Authorizing Motion for Pro Hac Vice Admission” in IPR2013-
`
`00639).
`
`In this proceeding, lead counsel for Petitioner, Mr. Eric J. Maiers, is a
`
`registered practitioner. Patent Owner’s motion indicates that there is good cause
`
`for the Board to recognize Mr. Levinstein pro hac vice during this proceeding, and
`
`is supported by the declaration of Mr. Levinstein. Ex. 2001.
`
`In particular, the motion explains that Mr. Levinstein is an experienced
`
`litigating attorney, and Mr. Barz declares that he has an established familiarity with
`
`the subject matter at issue in this proceeding, as he was counsel for Patent Owner
`
`in a related district case between the Petitioner and Patent Owner involving many
`
`of the same patents involved in this, or other related, inter partes reviews. Paper 5,
`
`
`
`2 Petitioner did not file an opposition within one week from the filing of Patent
`Owner’s motion.
`
`2
`
`
`
`Case IPR2014-01112
`Patent RE39,059 E
`
`3-5; Ex. 2001, ¶ 13.
`
`Upon consideration, Patent Owner has demonstrated that Mr. Levinstein
`
`possesses sufficient legal and technical qualifications to represent Patent Owner in
`
`this proceeding, and the Board recognizes that there is a need for Patent Owner to
`
`have related litigation counsel involved. Accordingly, Patent Owner has
`
`established good cause for Mr. Levinstein’s admission. Mr. Barz 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 Patent Owner’s motion for pro hac vice admission of
`
`Mr. Matthew J. Levinstein is granted;
`
`FURTHER ORDERED that Mr. Matthew J. Levinstein is authorized to
`
`represent Patent Owner as back-up counsel only;
`
`FURTHER ORDERED that Patent Owner is to continue to have a registered
`
`practitioner represent Patent Owner as lead counsel for this proceeding; and
`
`FURTHER ORDERED that Mr. Matthew J. Levinstein is to comply with
`
`the Office 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 disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and the USPTO
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`3
`
`
`
`Case IPR2014-01112
`Patent RE39,059 E
`
`FOR PETITIONER:
`
`
`Douglas Miro
`dmiro@ostrolenk.com
`
`Peter Kang
`pkang@sidley.com
`
`FOR PATENT OWNER:
`
`Eric Maiers
`maierse@gtlaw.com
`
`Michael Nicodema
`nicodema@gtlaw.com
`
`James Lukas
`lukasj@gtlaw.com
`
`Robbie Harmer
`harmer@gtlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
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