Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`Paper 11
`Entered: April 22, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WHATSAPP INC. and FACEBOOK, INC.,
`Petitioner,
`
`v.
`
`TRIPLAY, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00740
`Patent 8,332,475 B2
`____________
`
`
`
`Before BENJAMIN D. M. WOOD, BRIAN J. McNAMARA, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`
`
`ORDER
`Petitioner’s Corrected Motions for Pro Hac Vice Admission of Reuben Chen
`and Mark Weinstein
`37 C.F.R. § 42.10
`
`
`571-272-7822
`
`
`
`
`
`
`
`Paper 11
`Entered: April 22, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WHATSAPP INC. and FACEBOOK, INC.,
`Petitioner,
`
`v.
`
`TRIPLAY, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00740
`Patent 8,332,475 B2
`____________
`
`
`
`Before BENJAMIN D. M. WOOD, BRIAN J. McNAMARA, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`
`
`ORDER
`Petitioner’s Corrected Motions for Pro Hac Vice Admission of Reuben Chen
`and Mark Weinstein
`37 C.F.R. § 42.10
`
`
`
`IPR2015-00740
`Patent 8,332,475 B2
`
`
`On March 18, 2015, Petitioner filed two Motions requesting the pro
`
`hac vice admissions of Reuben Chen and Mark Weinstein. Papers 4–5.
`
`Subsequently, Petitioner filed two “corrected” Motions requesting the same.
`
`Papers 8–9. We treat Petitioner’s Corrected Motions as substitutes for the
`
`counterparts filed earlier on March 18, 2015, and only review the corrected
`
`versions for the purpose of this decision.
`
`Petitioner also has provided Declarations from Mr. Chen and
`
`Mr. Weinstein in support of its Corrected Motions. Exs. 1010, 1012. Patent
`
`Owner did not file an opposition to either Corrected Motion. For the reasons
`
`stated below, Petitioner’s Corrected Motions are 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). In authorizing motions for pro hac vice
`
`admission, the Board requires the moving party to provide a statement of
`
`facts showing there is good cause for the Board to recognize counsel pro hac
`
`vice and an affidavit or declaration of the individual seeking to appear. Lead
`
`counsel for Petitioner is Ms. Heidi L. Keefe, a registered practitioner.
`
`Pro Hac Vice Admission of Mr. Chen
`
`In its Corrected Motion, Petitioner argues that there is good cause for
`
`Mr. Chen’s pro hac vice admission because he is an experienced litigation
`
`attorney and has experience with the subject matter involved in this
`
`proceeding. Paper 8, 1. A Declaration of Reuben Chen (Ex. 1010) attesting
`
`to, and sufficiently explaining, the required facts, accompanies the Corrected
`
`
`
`
`2
`
`
`
`IPR2015-00740
`Patent 8,332,475 B2
`
`Motion.1 The Declaration complies with the requirements for pro hac vice
`
`admission and establishes that Mr. Chen is an experienced attorney with an
`
`established familiarity with the subject matter at issue in this proceeding. Id.
`
`at 2–3.
`
`Pro Hac Vice Admission of Mr. Weinstein
`
`In its separate Corrected Motion requesting pro hac vice admission for
`
`Mr. Weinstein, Petitioner asserts there is good cause for Mr. Weinstein’s pro
`
`hac vice admission because he is an experienced litigation attorney and has
`
`experience with the subject matter involved in this proceeding. Paper 9, 1.
`
`Mr. Weinstein supporting Declaration (Ex. 1012), accompanying the
`
`Corrected Motion, complies with the requirements for pro hac vice
`
`admission and establishes that Mr. Weinstein is an experienced attorney with
`
`an established familiarity with the subject matter at issue in this proceeding.2
`
`Id. at 2–3.
`
`Based on the facts set forth above, we conclude that Mr. Chen and
`
`Mr. Weinstein have sufficient legal and technical qualifications to represent
`
`Petitioner in these proceedings.
`
`Accordingly, Petitioner has established good cause for Mr. Chen’s
`
`and Mr. Weinstein’s pro hac vice admissions. Mr. Chen and Mr. Weinstein
`
`will each be permitted to appear pro hac vice in the instant proceedings as
`
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`In consideration of the foregoing, it is hereby:
`
`1, 2 We understand paragraphs 6 of Mr. Chen’s affidavit and Mr. Weinstein’s
`affidavit to indicate that each, respectively, will be subject to the USPTO
`Rules of Professional Conduct, which replaced the USPTO Code of
`Professional Responsibility, effective May 3, 2013.
`
`
`
`
`
`
`3
`
`
`
`IPR2015-00740
`Patent 8,332,475 B2
`
`
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`
`Mr. Reuben Chen and Mr. Mark Weinstein in the instant proceeding are
`
`granted and Mr. Reuben Chen and Mr. Mark Weinstein are each authorized
`
`to represent Petitioner as back-up counsel in the instant proceeding;
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner as lead counsel in the instant proceeding;
`
`FURTHER ORDERED that Mr. Reuben Chen and Mr. Mark
`
`Weinstein are 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
`
`FURTHER ORDERED that Mr. Reuben Chen and Mr. Mark
`
`Weinstein are subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ 11.101 et seq. and the Office’s disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`
`
`PETITIONER:
`
`Heidi Keefe
`hkeefe@cooley.com
`
`Andrew Mace
`amace@cooley.com
`
`
`PATENT OWNER:
`
`
`Barry Schindler
`njdocket@gtlaw.com
`
`Jeremy Monaldo
`Monaldo@fr.com
`
`
`
`
`
`4
`
`
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