`571-272-7822
`
`
`
`
`Paper 14
`Entered: October 1, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`JDS UNIPHASE CORPORATION,
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00731
`Patent RE42,368
`____________
`
`
`Before JOSIAH C. COCKS and JAMES A. TARTAL, Administrative
`Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`DECISION
`Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00731
`Patent RE42,368
`
`
`As authorized by the Notice of Filing Date Accorded to the Petition
`(Paper 4), Capella Photonics, Inc., (“Patent Owner”) filed a “Motion for Pro
`Hac Vice Admission of Nicholas J. Nowak” (Paper 12)1. Petitioner, JDS
`Uniphase Corporation, did not file an opposition to the Motion. Patent
`Owner’s Motion is granted. See 37 C.F.R. § 42.10(c); see also Unified
`Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639, Order Authorizing
`Motion for Pro Hac Vice Admission, Paper 7 (October 15, 2003) (setting
`forth requirements for pro hac vice admission).2
`It is
`ORDERED that Patent Owner’s Motion for pro hac vice admission is
`granted, and Mr. Nowak is authorized to represent Patent Owner as back-up
`counsel in IPR2015-00731;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in this inter partes review proceeding;
`and
`
`FURTHER ORDERED that Mr. Nowak is to comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`set forth in Title 37, Part 42 of the Code of Federal Regulations, and that
`Mr. Nowak is 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.
`
`
`
`1 Patent Owner also filed an affidavit of Mr. Nowak in support of the Motion
`(Ex. 2015).
`2 Available at http://www.uspto.gov/patents-application-process/appealing-
`patent-decisions/decisions-and-opinions/representative-orders.
`2
`
`
`
`IPR2015-00731
`Patent RE42,368
`
`For PETITIONER:
`
`Walter C. Linder
`FAEGRE BAKER DANIELS LLP
`walter.linder@faegrebd.com
`
`
`
`For PATENT OWNER:
`
`Jason D. Eisenberg
`Robert Greene Sterne
`Jon E. Wright
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-PTAB@skgf.com
`rsterne-PTAB@skgf.com
`jwright-PTAB@skgf.com
`
`
`3