`571-272-7822
`
` Paper No. 8
`Entered: March 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RF CONTROLS, LLC,
`Petitioner,
`
`v.
`
`A-1 PACKAGING SOLUTIONS, INC.,
`Patent Owner.
`____________
`
`Cases:1
`IPR2015-00119 (Patent 8,690,057)
`IPR2014-01536 (Patent 8,690,057)
`____________
`
`
`Before BRYAN F. MOORE, Administrative Patent Judge.
`
`MOORE, Administrative Patent Judge.
`
`ORDER
`Patent Owner’s Motion for Admission Pro Hac Vice of
`Benjamin T. Horton
`37 C.F.R. § 42.10
`
`
`
`
`
`
`1 This Order addresses issues that are the same in both cases. Therefore, we
`exercise our discretion to issue one Decision to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2015-00119 (Patent 8,690,057)
`IPR2014-01536 (Patent 8,690,057)
`
`
`On March 2, 2015, Patent Owner filed a Motion for Pro Hac Vice
`Admission of Mr. Horton (Paper 72) and an accompanying affidavit in
`support thereof (Ex. 2000). Petitioner did not file an opposition to these
`motions.
`Initially, we note that exhibits such as declarations should be filed in
`the PRPS system as exhibits not papers. Nonetheless, no change to the
`papers currently filed in these cases is requested at this time.
`Upon consideration of the papers presented, Patent Owner has
`demonstrated sufficiently that Mr. Horton has sufficient legal and technical
`qualifications to represent Patent Owner in this proceeding. See IPR2013-
`00639, Paper 7, “Order – Authorizing Motion for Pro Hac Vice Admission.”
`In light of the foregoing, we are persuaded that Patent Owner has
`demonstrated good cause for Mr. Horton to participate in this proceeding as
`backup counsel. Mr. Horton may only be designated as backup counsel.
`In consideration of the forgoing, it is
`ORDERED that Patent Owner’s unopposed motion for pro hac vice
`admission of Mr. Horton is GRANTED; Mr. Horton is authorized to
`represent Patent Owner only as back-up counsel in the instant proceeding;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for the instant proceeding;
`FURTHER ORDERED that Mr. Horton 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
`
`
`2 For expediency, IPR2015-00119 is representative and all subsequent
`citations are to IPR2015-00119 unless otherwise noted.
`
`
`
`2
`
`
`
`IPR2015-00119 (Patent 8,690,057)
`IPR2014-01536 (Patent 8,690,057)
`
`
`FURTHER ORDERED that Mr. Horton is 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.
`
`
`
`PETITIONER:
`Michael J. Hickey
`mhickey@lewisrice.com
`
`Benjamin J. Siders
`bsiders@lewisrice.com
`Kirk A. Damman
`kdamman@lewisrice.com
`
`
`
`PATENT OWNER:
`Roger Heppermann
`rheppermann@marshallip.com
`
`Shawn Buchanan
`sbuchanan@marshallip.com
`
`
`
`
`3
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