Trials@uspto.gov
`571-272-7822
`
` Paper 22
`
`
`Entered: December 23, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00287 (Patent 6,784,552)
`Case IPR2016-00288 (Patent 6,784,552)
`Case IPR2016-00289 (Patent 5,965,924)
`Case IPR2016-00290 (Patent 5,965,924)1
`
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
`MINN CHUNG, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Louis W. Tompros
`37 C.F.R. § 42.10
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`
`571-272-7822
`
` Paper 22
`
`
`Entered: December 23, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00287 (Patent 6,784,552)
`Case IPR2016-00288 (Patent 6,784,552)
`Case IPR2016-00289 (Patent 5,965,924)
`Case IPR2016-00290 (Patent 5,965,924)1
`
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
`MINN CHUNG, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`Louis W. Tompros
`37 C.F.R. § 42.10
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`
`
`IPR2016-00287 (Patent 6,784,552)
`IPR2016-00288 (Patent 6,784,552)
`IPR2016-00289 (Patent 5,965,924)
`IPR2016-00290 (Patent 5,965,924)
`
`
`Pursuant to our authorization to perfect its motion for pro hac vice
`
`admission of Louis W. Tompros (Paper 15), Intel Corporation (“Petitioner”)
`
`filed a Motion requesting pro hac vice admission of Louis W. Tompros in
`
`these proceedings, accompanied by an Updated Declaration from
`
`Mr. Tompros in support of the Motion. See Paper 20; Ex. 1030.2 DSS
`
`Technology Management, Inc. (“Patent Owner”) has not filed an Opposition
`
`to the Motion. For the reasons provided below, Petitioner’s Motion is
`
`granted.
`
`I. DISCUSSION
`
`As set forth in 37 C.F.R. § 42.10(c), 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. For example,
`
`where the lead counsel is a registered practitioner, a non-registered
`
`practitioner may be permitted to appear pro hac vice “upon showing that
`
`counsel is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding.” 37 C.F.R.
`
`§ 42.10(c). In authorizing motions for pro hac vice admission, the Board
`
`also requires 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 in these proceedings. See “Order – Authorizing
`
`Motion for Pro Hac Vice Admission” (Paper 7) in IPR2013-00639, entered
`
`October 15, 2013 (setting forth the requirements for pro hac vice admission).
`
`
`
`2 Unless otherwise indicated, we refer to Papers and Exhibits filed in
`IPR2016-00287.
`
`2
`
`
`
`IPR2016-00287 (Patent 6,784,552)
`IPR2016-00288 (Patent 6,784,552)
`IPR2016-00289 (Patent 5,965,924)
`IPR2016-00290 (Patent 5,965,924)
`
`
`Louis W. Tompros provides uncontroverted testimony that he:
`
`i.
`
`is a member in good standing of the Bar of the Commonwealth
`
`of Massachusetts;
`
`ii.
`
`has not been subject to any suspensions or disbarments from
`
`practice before any court or administrative body;
`
`iii.
`
`aside from our denial without prejudice of the motion for his
`
`pro hac vice admission in these proceedings, which the Motion
`
`seeks to perfect, and the initial denial of his petition to be
`
`admitted pro hac vice in an inter partes reexamination
`
`proceeding and subsequent admission on reconsideration, has
`
`never had any application for admission to practice before any
`
`court or administrative body denied;
`
`iv.
`
`has not been subject to sanctions or contempt citations imposed
`
`by any court or administrative body;
`
`v.
`
`has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in
`
`part 42 of 37 C.F.R.;
`
`vi. will be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a);
`
`vii. has listed all other proceedings before the Office for which he
`
`has applied to appear pro hac vice in the last three (3) years;
`
`and
`
`viii. has familiarity with the subject matter at issue in these
`
`proceedings.
`
`3
`
`
`
`IPR2016-00287 (Patent 6,784,552)
`IPR2016-00288 (Patent 6,784,552)
`IPR2016-00289 (Patent 5,965,924)
`IPR2016-00290 (Patent 5,965,924)
`
`
`Lead counsel for Petitioner, Grant K. Rowan, who is registered to
`
`practice at the USPTO, has provided a statement of facts that Louis W.
`
`Tompros is counsel for Petitioner in related co-pending litigation and is
`
`familiar with the subject matter at issue in these proceedings. Thus,
`
`Petitioner has shown good cause why Louis W. Tompros should be
`
`recognized pro hac vice for purposes of these proceedings. Louis W.
`
`Tompros has provided the requisite affidavit or declaration. Therefore,
`
`Louis W. Tompros has complied with the requirements for admission pro
`
`hac vice in these proceedings.
`
`In consideration of the foregoing, it is hereby
`
`II. ORDER
`
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`
`Louis W. Tompros is granted;
`
`FURTHER ORDERED that Louis W. Tompros may not act as lead
`
`counsel in these proceedings;
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner represent it as lead counsel in these proceedings;
`
`FURTHER ORDERED that Louis W. Tompros 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
`
`FURTHER ORDERED that Louis W. Tompros 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., which took effect on May 3, 2013.
`
`4
`
`
`
`IPR2016-00287 (Patent 6,784,552)
`IPR2016-00288 (Patent 6,784,552)
`IPR2016-00289 (Patent 5,965,924)
`IPR2016-00290 (Patent 5,965,924)
`
`PETITIONER:
`
`Grant K. Rowan
`Yung-Hoon Ha
`Wilmer Cutler Pickering Hale and Door LLP
`grant.rowan@wilmerhale.com
`yung-hoon.ha@wilmerhale.com
`
`
`PATENT OWNER:
`
`Andriy Lytvyn
`Anton J. Hopen
`Nicholas Pfeifer
`Smith & Hopen, P.A.
`andriy.lytvyn@smithhopen.com
`anton.hopen@smithhopen.com
`nicholas.pfeifer@smithhopen.com
`
`
`5
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