`Trials@uspto.gov
`571-272-7822 Entered: January 17, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TALARI NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FATPIPE NETWORKS INDIA LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-00976 Patent 6,775,235 B2
`Case IPR2016-00977 Patent 7,406,048 B21
`____________
`
`
`
`
`Before STACEY G. WHITE, MICHELLE N. WORMMEESTER, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`
`ORDER
`Petitioner’s Motion for Pro Hac Vice Admission of
`Mr. Thomas F. Fitzpatrick
`37 C.F.R. § 42.10
`
`
`
`
`
`1 This Decision addresses the same issues in the above-identified cases.
`Therefore, we exercise our discretion to issue one Decision to be entered in
`each of the identified cases. The parties are not authorized to use this style
`of case caption.
`
`
`
`IPR2016-00976 Patent 6,775,235 B2
`IPR2016-00977 Patent 7,406,048 B2
`
`
`Petitioner, Talari Networks, Inc., filed a motion for pro hac vice
`
`admission of Mr. Thomas A. Fitzpatrick. IPR2016-00976 Paper 17
`
`(“Mot.”); IPR2016-00977 Paper 17.2 The filing also included an affidavit
`
`from Mr. Fitzpatrick in support of its Motions.3 Id. Petitioner indicates that
`
`these Motions are unopposed. Id.
`
`Pursuant to 37 C.F.R. § 42.10(c), we 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. A motion for pro
`
`hac vice admission must contain a statement of facts showing there is good
`
`cause for us to recognize counsel pro hac vice during the proceeding and be
`
`accompanied by an affidavit or declaration of the individual seeking to
`
`appear. See Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
`
`slip op. at 3–4 (PTAB Oct. 15, 2013) (Paper 7) (setting forth the
`
`requirements for pro hac vice admission).
`
`In his affidavit, Mr. Fitzpatrick states he has familiarity with the
`
`subject matter at issue in this proceeding, as he has been representing
`
`Petitioner in a patent infringement lawsuit involving the patents at issue in
`
`these proceedings. Mot. Ex. A ¶ 11. In addition, Mr. Fitzpatrick’s affidavit
`
`complies with the other requirements for pro hac vice admission. See
`
`Unified Patents, slip op. at 3–4. Having reviewed Mr. Fitzpatrick’s
`
`affidavit, we determine that Mr. Fitzpatrick has sufficient qualifications to
`
`represent Petitioner in this proceeding.
`
`
`
`2 The Motions and supporting Affidavits are identical in substance. For ease
`of reference we will refer to the filing in IPR2016-00976 unless otherwise
`indicated.
`3 In the future, such declarations should be filed as separate exhibits.
`
`2
`
`
`
`IPR2016-00976 Patent 6,775,235 B2
`IPR2016-00977 Patent 7,406,048 B2
`
`
`Regarding the required showing of good cause, Petitioner asserts that
`
`Mr. Fitzpatrick has substantial knowledge regarding (i) the patent challenged
`
`in this proceeding, (ii) issues regarding claim construction, and (iii) the
`
`content of the prior art references cited by Petitioner in this proceeding.
`
`Mot. 2–3; see Mot. Ex. A ¶ 11.
`
`
`
`For the foregoing reasons, Petitioner has shown good cause for
`
`Mr. Fitzpatrick’s pro hac vice admission in this proceeding.
`
`ORDER
`
`ORDERED that Petitioner’s motion for pro hac vice admission of
`
`Thomas F. Fitzpatrick is granted, and Mr. Fitzpatrick is authorized to
`
`represent Petitioner only as back-up counsel in this proceeding;
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner as lead counsel in this proceeding;
`
`FURTHER ORDERED that Mr. Fitzpatrick 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 Mr. Fitzpatrick is subject to the USPTO’s
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules
`
`of Professional Conduct set forth at 37 C.F.R. §§ 11.101–11.901.
`
`3
`
`
`
`
`
`IPR2016-00976 Patent 6,775,235 B2
`IPR2016-00977 Patent 7,406,048 B2
`
`PETITIONER:
`
`Andy Chan
`chana@pepperlaw.com
`
`Charles Koch
`kochc@pepperlaw.com
`
`
`
`PATENT OWNER:
`
`Robert Mattson
`cpdocketmattson@oblon.com
`
`Thomas Yebernetsky
`cpdocketyebernetsky@oblon.com
`
`
`4
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