throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 41
`Entered: August 18, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HTC CORPORATION,
`HTC AMERICA, INC., and
`LG ELECTRONICS, INC.,1
`Petitioner,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01500 (Patent 7,321,368 B2)
`Case IPR2015-01501 (Patent 7,777,753 B2)
`Case IPR2015-01502 (Patent 7,542,045 B2)2
`____________
`
`Before JAMES B. ARPIN, MATTHEW R. CLEMENTS, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`ORDER
`Denying Patent Owner’s Unopposed Motions for
`Pro Hac Vice Admission of Justin Chen
`37 C.F.R. § 42.10
`
`1 Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc., were
`terminated from this proceeding. See, e.g., IPR2015-01500, Paper 28.
`2 This Order addresses issues pertaining to all three cases. Therefore, we exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`
`As explained in the Notice According Filing Date (Paper 3), any motion for
`
`pro hac vice admission “shall be filed in accordance with the ‘Order – Authorizing
`
`Motion for Pro Hac Vice Admission’ in Case IPR2013-00639, Paper 7.” That
`
`Order states that a motion for pro hac vice must be accompanied by an affidavit or
`
`declaration attesting that “The individual will be subject to the USPTO Rules of
`
`Professional Conduct set for in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a).” Unified Patents Inc. v. Parallel Iron,
`
`LLC, Case IPR2013-00639, Paper 7, 3 (PTAB Oct. 15, 2013).
`
`In our Order Granting Patent Owner’s Unopposed Motions for Pro Hac Vice
`
`Admission of Mr. Michael McBride and Mr. Amir Alavi, we observed that the
`
`declarations of Messrs. Alavi and McBride referred to the wrong rules, and we
`
`encouraged Patent Owner to refer to the correct rules in its next pro hac vice
`
`motion. Paper 20, 2 n.2. The Declaration of Mr. Justin Chen does not, however,
`
`refer to the correct rules. Ex. 2011 ¶ 7 (“I will be subject to the USPTO Code of
`
`Professional Responsibility set forth in 37 C.F.R. 10.20 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. 11.19(a)).
`
`
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s unopposed motions for pro hac vice
`
`admission of Mr. Justin Chen is denied without prejudice.3
`
`
`
`
`
`
`3 We now caution both parties that further failures to comply with our orders shall
`result in the denial of motions such as this, with prejudice. See 37 C.F.R.
`§ 42.12(a)(1), (b)(2).
`
`
`
`2
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`For PETITIONER:
`
`Allan M. Soobert
`Naveen Modi
`PAUL HASTINGS LLP
`Samsung-PUMA-IPR@paulhastings.com
`
`Rajeev Gupta
`Darren M. Jiron
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`LGE_Finnegan_PUMAIPR@finnegan.com
`
`Joseph A. Micallef
`Stephen M. Everett
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`stephen.everett@sidley.com
`
`For PATENT OWNER:
`
`Masood Anjom
`Scott Clark
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.
`manjom@azalaw.com
`sclark@azalaw.com
`
`
`
`
`3

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