`Trials@uspto.gov
`Entered: November 22, 2016
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-01561
`Patent 6,233,181 B1
`_______________
`
`
`
`Before BART A. GERSTENBLITH, BARBARA A. PARVIS, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`DECISION
`Motion for Pro Hac Vice Admission
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2016-01561
`Patent 6,233,181 B1
`
`
`INTRODUCTION
`I.
`Petitioner filed a motion for pro hac vice admission of Rose Cordero
`Prey in this proceeding. Paper 7 (“Motion” or “Mot.”). Patent Owner did
`not file an opposition to the Motion.1 For the following reasons, the Motion
`is granted.
`
`II. ANALYSIS
`Counsel may be admitted pro hac vice upon a showing of good cause,
`subject to the condition that lead counsel is a registered practitioner. 37
`C.F.R. § 42.10(c). Specifically, if lead counsel is a registered practitioner,
`back-up counsel 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.” Id. For the
`reasons set forth in the Motion and the accompanying affidavit of Ms. Prey
`(Ex. 1018), we find that good cause exists to admit Ms. Prey pro hac vice in
`this proceeding.
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion is granted, and Rose Cordero Prey is
`authorized to represent Petitioner as back-up counsel in the above-listed
`proceeding;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Petitioner as lead counsel in the above-listed proceeding; and
`
`
`1 Petitioner does not indicate in the Motion whether Patent Owner opposes
`the requested relief. In the future, we expect the moving party to meet and
`confer with the non-moving party and indicate in the motion whether the
`non-moving party opposes the requested relief.
`
`2
`
`
`
`IPR2016-01561
`Patent 6,233,181 B1
`
`
`FURTHER ORDERED that Ms. Prey is to comply with the Board’s
`Rules of Practice for Trials set forth in Part 42 of Title 37, Code of Federal
`Regulations, and the Office Patent Trial Practice Guide, and is subject to the
`USPTO’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`seq., and to the USPTO’s disciplinary jurisdiction under 37 C.F.R.
`§ 11.19(a).
`
`
`3
`
`
`
`IPR2016-01561
`Patent 6,233,181 B1
`
`PETITIONER:
`
`John R. Hutchins
`Rose Cordero Prey
`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`jhutchins@kenyon.com
`
`PATENT OWNER:
`
`Nicholas T. Peters
`Paul B. Henkelmann
`FITCH EVEN TABIN & FLANNERY LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`
`4