`571.272.7822
`
`
`
`
`
`Paper 19
`Entered: November 14, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BRIGHT HOUSE NETWORKS, LLC, WIDEOPEN WEST FINANCE,
`LLC, KNOLOGY OF FLORIDA, INC., and BIRCH
`COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`
`
`Cases: IPR2016-01259 and IPR2016-012631
`Patent 8,155,298 B2
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`DECISION
`Dismissing Petitioner’s Motion for Admission Pro Hac Vice of
`Sarah J. Guske
`37 C.F.R. § 42.10
`
`
`
`
`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.
`
`
`
`IPR2016-01259, IPR2016-01263
`Patent 8,155,298 B2
`
`
`Petitioner moves for pro hac vice admission of Ms. Sarah J. Guske.
`See, e.g., IPR2016-01259, Paper 14.2 Petitioner provides Declarations from
`Ms. Guske in support of its Motions. See, e.g., Id. at Exhibit A.
`Petitioner’s Motions do not comply with all of the requirements of
`37C.F.R. § 42.10––namely that “the party must designate . . . at least one
`back-up counsel” and “[t]he Board may recognize counsel pro hac vice
`during a proceeding upon a showing of good cause.” See 37
`C.F.R. § 42.10(a),(c). Each of Petitioner’s Motions contain statements
`indicating that Cisco Systems, Inc. is the petitioner. Paper 14, 1, 2. For
`example, Petitioner states “Petitioner Cisco Systems, Inc. (“Cisco”)
`respectfully requests that the Board recognize Ms. Guske as counsel pro hac
`vice during this proceeding.” Id. at 1. Additionally, Petitioner states
`“[t]herefore, Cisco respectfully submits that there is good cause for the
`Board to recognize Ms. Guske as counsel pro hac vice during this
`proceeding.” Id. at 2.
`However, in this proceeding Bright House Networks, LLC,
`WideOpen West Finance, LLC, Knology of Florida, Inc., and Birch
`Communications, Inc. collectively are the petitioner. See Paper 1, 2.
`Petitioner’s statements regarding Cisco Systems, Inc. do not satisfy the
`requirement that Ms. Guske be designated by Petitioner in this proceeding,
`i.e., Bright House Networks, LLC, WideOpen West Finance, LLC, Knology
`of Florida, Inc., and Birch Communications, Inc. Additionally, the
`statements do not satisfy the showing of good cause with respect to
`Petitioner in this proceeding.
`
`
`2 Citations herein will be to IPR2016-01259, unless otherwise noted.
`
`
`
`IPR2016-01259, IPR2016-01263
`Patent 8,155,298 B2
`
`
`Petitioner is further reminded of other requirements for pro hac vice
`motions. For example, Ms. Guske attests that she agrees to be subject to the
`Code of Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq.
`Paper 14, Ex. A ¶ 10. However, new Rules of Professional Conduct have
`been adopted and took affect May 3, 2013. See Changes to Representation
`of Others Before the United States Patent and Trademark Office; Final Rule,
`78 Fed. Reg. 20180 (Apr. 3, 2013). Additionally, Petitioner attached Exhibit
`A to its Motion. However, such evidence must be filed as a separate exhibit
`in each proceeding and uniquely numbered sequentially in the range of
`1001–1999. See 37 C.F.R. § 42.63(c). Petitioner further is reminded that
`motions 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, a copy of which is available on the Board Web site
`under “Representative Orders, Decisions, and Notices.” Paper 6, 2.
`For the foregoing reasons, it is hereby:
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Ms. Sarah J. Guske are dismissed without prejudice; and
`FURTHER ORDERED that Petitioner is authorized to file corrected
`Motions for pro hac vice admission of Ms. Guske.
`
`
`
`
`
`IPR2016-01259, IPR2016-01263
`Patent 8,155,298 B2
`
`PETITIONER:
`
`Wayne Stacy
`Britton Davis
`wstacy@cooley.com
`zCisco-PAL-IPR@cooley.com
`bdavis@cooley.com
`
`
`
`PATENT OWNER:
`
`Brent Bumgardner
`bbumgardner@nbclaw.net
`
`John Murphy
`murphy@nelbum.com
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
