`Entered: October 13, 2015
`
`Trials@uspto.gov
`571-272-7822
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`
`
`Case IPR2015-00969 (Patent 5,884,033)
`Case IPR2015-00980 (Patent 5,566,287)
` Case IPR2015-01031 (Patent 7,900,229 B2)1
`
`
`
`
`
`
`
`
`
`
`Before JAMES B. ARPIN, DAVID C. MCKONE, and SCOTT C. MOORE,
`Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Luann L. Simmons
`37 C.F.R. § 42.10
`
`
`
`Petitioner, Apple Inc., moves for pro hac vice admission of Ms.
`
`Luann L. Simmons. IPR2015-000969, Paper 10; IPR2015-00980, Paper 13;
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`
`IPR2015-01031, Paper 8. Petitioner provides affidavits from Ms. Simmons
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`in support of its motions. IPR2015-00969, Ex. 1012; IPR2015-00980,
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`Ex. 1014; IPR2015-01031, Ex. 1019. Patent Owner, OpenTV, Inc., has not
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`filed an opposition to Petitioner’s motions.
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`Based on the facts set forth in the motions and the accompanying
`
`affidavits from Ms. Simmons, we conclude that Ms. Simmons has sufficient
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`legal and technical qualifications to represent Petitioner in these cases, that
`
`Ms. Simmons has demonstrated the necessary familiarity with the subject
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`matter of these cases, and that there is a need for Petitioner to have counsel
`
`with experience as a litigation attorney in patent matters involved in these
`
`cases. Accordingly, Petitioner has established good cause for Ms.
`
`Simmons’s pro hac vice admission. Ms. Simmons will be permitted to
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`appear pro hac vice in these cases as back-up counsel only. See 37 C.F.R.
`
`§ 42.10(c).
`
`In consideration of the foregoing, it is hereby:
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`ORDERED that Petitioner’s motions for pro hac vice admission of
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`Ms. Luann L. Simmons are granted, and Ms. Simmons is authorized to
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`represent Petitioner as back-up counsel in these proceedings;
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`FURTHER ORDERED that Petitioner continue to have a registered
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`practitioner as lead counsel in these cases;
`
`FURTHER ORDERED that Ms. Simmons comply with the Office
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`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
`
`2
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`
`
`FURTHER ORDERED that Ms. Simmons is subject to the Office’s
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and to the USPTO
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`PETITIONER:
`
`Mark E. Miller
`Ryan K. Yagura
`Brian M. Cook
`Xin-Yi Zhou
`J. Kevin Murray
`Anne E. Huffsmith
`O’MELVENY & MYERS LLP
`markmiller@omm.com
`ryagura@omm.com
`vzhou@omm.com
`kmurray@omm.com
`ahuffsmith@omm.com
`bcook@omm.com
`
`
`
`PATENT OWNER:
`
`Erika H. Arner
`Joshua L. Goldberg
`Alyssa Holtslander
`Daniel Tucker
`
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`alyssa.holtslander@finnegan.com
`daniel.tucker@finnegan.com
`
`
`3