`Tel: 571-272-7822 Entered: June 1, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.,
`Petitioner,
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`v.
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`REALTIME DATA LLC,
`Patent Owner.
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`Case IPR2016-01738
`Patent 8,880,862 B2
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`Before GEORGIANNA W. BRADEN, J. JOHN LEE, and
`JASON J. CHUNG, Administrative Patent Judges.
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`BRADEN, Administrative Patent Judge.
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`ORDER
`Petitioner’s Motion for Pro Hac Vice Admission of
`Michael Bittner
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`IPR2016-01738
`8,880,862 B2
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`Petitioner Apple, Inc. filed a motion pursuant to 37 C.F.R. § 42.10(c)
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`for Michael Bittner to appear pro hac vice on its behalf before the Patent
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`Trial and Appeal Board in this proceeding. See Paper 11. Petitioner did not
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`indicate whether its motion was opposed, but after seven (7) days, Patent
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`Owner did not file an opposition.
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`Pursuant to 37 C.F.R. § 42.10(c), we may recognize counsel pro hac
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`vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner. A motion for pro
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`hac vice admission must contain a statement of facts showing there is good
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`cause for us to recognize counsel pro hac vice during the proceeding and be
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`accompanied by an affidavit or declaration of the individual seeking to
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`appear. See Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
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`slip op. at 3–4 (PTAB Oct. 15, 2013) (Paper 7) (setting forth the
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`requirements for pro hac vice admission).
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`In his declaration, Mr. Bittner states he has familiarity with the subject
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`matter and technology at issue in this proceeding. Ex. 1028 ¶ 8. In addition,
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`Mr. Bittner’s declaration complies with the other requirements for pro hac
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`vice admission. Id. ¶¶ 1–7; see Unified Patents, slip op. at 3–4.
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`Having reviewed Mr. Bittner’s declaration, we determine that
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`Mr. Bittner has sufficient qualifications to represent Petitioner in this
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`proceeding. Additionally, we determine Petitioner has shown good cause
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`for Mr. Bittner’s pro hac vice admission in this proceeding.
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`IPR2016-01738
`8,880,862 B2
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`ORDER
`ORDERED that Petitioner’s motion for pro hac vice admission of
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`Michael Bittner is granted, and Mr. Bittner is authorized to represent
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`Petitioner only as back-up counsel in this proceeding;
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`FURTHER ORDERED that Petitioner is to continue to have a
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`registered practitioner as lead counsel in this proceeding;
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`FURTHER ORDERED that Mr. Bittner is to comply with the Office
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`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
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`set forth in Title 37, Part 42 of the Code of Federal Regulations; and
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`FURTHER ORDERED that Mr. Bittner is subject to the USPTO’s
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules
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`of Professional Conduct set forth at 37 C.F.R. §§ 11.101–11.901.
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`IPR2016-01738
`8,880,862 B2
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`For PETITIONER:
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`Walter Renner
`Axf-ptab@fr.com
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`Jeremy Monaldo
`jjm@fr.com
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`Andrew Patrick
`patrick@fr.com
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`Katherine Lutton
`lutton@fr.com
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`For PATENT OWNER:
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`Joseph Edell
`Joe.edell.ipr@fischllp.com
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`Richard Zhang
`Richard.zhang.ipr@fischllp.com
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