`571-272-7822 Date: November 3, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`ALERE INC.,
`Petitioner,
`
`v.
`
`REMBRANDT DIAGNOSTICS, LP,
`Patent Owner.
`
`____________
`
`Cases IPR2016-01498 (Patent 8,623,291 B2)
`IPR2016-01502 (Patent 6,548,019 B1)
`____________
`
`
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Motions for Pro Hac Vice Admission of
`Lana S. Shiferman and J. Anthony Downs
`37 C.F.R. §§ 42.10
`
`On October 25, 2016, Petitioner filed unopposed Motions for Pro Hac
`Vice Admission of Lana S. Shiferman (IPR2016-01498, Paper 6; IPR2016-
`01502, Paper 8) and J. Anthony Downs (IPR2016-01498, Paper 7; IPR2016-
`01502, Paper 9). The Motions were accompanied by Declarations of Ms.
`
`
`
`IPR2016-01498 (Patent 8,623,291 B2)
`IPR2016-01502 (Patent 6,548,019 B1)
`
`Shiferman (IPR2016-01498, Ex. 1014; IPR2016-01502, Ex. 1018) and Mr.
`Downs (IPR2016-01498, Ex. 1015; IPR2016-01502, Ex. 1019).
`Having reviewed the Motions1 and supporting Declarations,2 good
`cause exists for granting admission pro hac vice to Ms. Shiferman and Mr.
`Downs. The Motions are granted subject to the following conditions.
`
`
`It is hereby:
`ORDERED that Ms. Shiferman and Mr. Downs are authorized to
`represent Petitioner in these proceedings as back-up counsel only;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel; and
`FURTHER ORDERED that Ms. Shiferman and Mr. Downs are to
`comply with the Office Patent Trial Practice Guide and the Board’s Rules of
`Practice for Trials, as set forth in Part 42 of Title 37, Code of Federal
`
`
`1 The Motions state that Ms. Shiferman and Mr. Downs agree to be subject
`to “the U.S.P.T.O. Code of Professional Conduct set forth in 37 C.P.R. [sic]
`§§ 10.101 et seq.” See, e.g., IPR2016-01498 Paper 6, 4. A Final Rule took
`effect on May 3, 2013, adopting new Rules of Professional Conduct under
`37 C.F.R. §§ 11.101 et seq. and removing Part 10 of Title 37, which
`contained the Code of Professional Conduct. See Changes to Representation
`of Others Before the United States Patent and Trademark Office, Final Rule,
`78 Fed. Reg. 20,180 (Apr. 3, 2013). We consider the statement in the
`Motions to be a typographical error, and that Ms. Shiferman and Mr. Downs
`in fact agree to be subject to the Office’s Rules of Professional Conduct
`under 37 C.F.R. §§ 11.101 et seq.
`2 The Declarations contain the same erroneous reference to “the U.S.P.T.O.
`Code of Professional Conduct set forth in 37 C.P.R. §§ 10.101 et seq.” See,
`e.g., IPR2016-01498, Ex. 1014 ¶ 14.
`
`2
`
`
`
`
`
`IPR2016-01498 (Patent 8,623,291 B2)
`IPR2016-01502 (Patent 6,548,019 B1)
`
`Regulations, and shall 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.
`
`
`3
`
`
`
`
`
`IPR2016-01498 (Patent 8,623,291 B2)
`IPR2016-01502 (Patent 6,548,019 B1)
`
`FOR PETITIONER:
`
`Douglas Kline
`GOODWIN PROCTER LLP
`dkline@goodwinprocter.com
`
`
`
`FOR PATENT OWNER:
`
`Joseph Jennings
`Jared Bunker
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2jfj@knobbe.com
`2jcb@knobbe.com
`
`4
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
