`Tel: 571-272-7822 Entered: May 30, 2017
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01738
`Patent 8,880,862 B2
`____________
`
`
`
`Before GEORGIANNA W. BRADEN, J. JOHN LEE, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`ORDER
`Patent Owner’s Motion for Pro Hac Vice Admission of
`Desmond Jui
`
`
`
`
`
`
`
`IPR2016-01738
`8,880,862 B2
`Patent Owner Realtime Data LLC filed a motion pursuant to
`37 C.F.R. § 42.10(c) for Desmond Jui to appear pro hac vice on its behalf
`before the Patent Trial and Appeal Board in this proceeding. See Paper 10.
`Patent Owner did not indicate whether its motion was opposed, but after
`seven (7) days, Petitioner did not file an opposition.
`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 declaration, Mr. Jui states he has familiarity with the subject
`matter and technology at issue in this proceeding. Ex. 2001, 2. In addition,
`Mr. Jui’s declaration complies with the other requirements for pro hac vice
`admission. Id. at 1–2; see Unified Patents, slip op. at 3–4.
`Having reviewed Mr. Jui’s declaration, we determine that Mr. Jui has
`sufficient qualifications to represent Patent Owner in this proceeding.
`Additionally, we determine Patent Owner has shown good cause for Mr.
`Jui’s pro hac vice admission in this proceeding.
`
`
`ORDER
`ORDERED that Patent Owner’s motion for pro hac vice admission of
`Desmond Jui is granted, and Mr. Jui is authorized to represent Patent Owner
`only as back-up counsel in this proceeding;
`
`
`
`IPR2016-01738
`8,880,862 B2
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Jui 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. Jui 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.
`
`
`
`
`
`IPR2016-01738
`8,880,862 B2
`
`For PETITIONER:
`
`W. Karl Renner
`Jeremy J. Monaldo
`Katherine A. Vidal
`Andrew Patrick
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`lutton@fr.com
`patrick@fr.com
`
`PATENT OWNER:
`
`Joseph F. Edell
`Richard Z. Zhang
`FISCH SIGLER LLP
`joe.edell.ipr@fischllp.com
`richard.zhang.ipr@fischllp.com
`
`
`
`