`571-272-7822
`
`
`
`
`Paper 51
`Entered: September 8, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FITBIT, INC.1
`Petitioner
`
`v.
`
`VALENCELL, INC.
`Patent Owner
`____________
`
`Case IPR2017-003192
`Patent 8,923,941 B2
`____________
`
`Before BRIAN J. McNAMARA, JAMES B. ARPIN, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge
`
`
`
`
`DECISION
`Granting Petitioner’s Unopposed Motion for
`Pro Hac Vice Admission of Sam Stake
`37 C.F.R. § 42.10(c)
`
`
`
`
`1 Petitioner Apple, Inc. is no longer a party in this proceeding. Fitbit, Inc. v.
`Valencell, Inc., 964 F.3d 1112, 1114 (Fed. Cir. 2020) (“Following the [Final
`Written Decision], Apple withdrew from the proceeding.”).
`2 Case IPR2017-01555 has been joined with this proceeding.
`
`
`
`IPR2017-00319
`Patent 8,923,941 B2
`
`I. INTRODUCTION
`
`Petitioner filed a Motion for Pro Hac Vice Admission of Sam Stake.
`IPR2017-00319, Paper 49 (“the Motion”). Petitioner indicates that Patent
`Owner does not oppose the Motion. Id. at 2. For the reasons provided
`below, the Motion is granted.
`
`II. DISCUSSION
`
`In accordance with 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. The
`representative Order authorizing motions for pro hac vice admission requires
`a statement of facts showing there is good cause for us to recognize counsel
`pro hac vice, and an affidavit or declaration of the individual seeking to
`appear. See, e.g., IPR2018-00635, Paper 5, 2 (citing Unified Patents, Inc. v.
`Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7)
`(representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`In this proceeding, lead counsel for Petitioner, James M. Glass, is a
`registered practitioner. IPR2017-00319, Paper 47, 2. Petitioner asserts that
`there is good cause for us to recognize Mr. Stake pro hac vice in this
`proceeding. IPR2017-00319, Paper 49, 2. Petitioner’s assertions in this
`regard are adequately supported by the Declaration of Mr. Stake and his
`biography. IPR2017-00319, Exs. 1073, 1074.
`Having considered Petitioner’s unopposed Motion and the exhibits
`filed in support of the Motion, Petitioner has established that there is good
`cause for the pro hac vice admission of Mr. Stake in this proceeding.
`
`2
`
`
`
`IPR2017-00319
`Patent 8,923,941 B2
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that Petitioner’s unopposed Motion for Pro Hac Vice
`Admission of Sam Stake in IPR2017-00319 is granted, and Mr. Stake is
`authorized to represent Petitioner as back-up counsel only in this
`proceeding;
`FURTHER ORDERED that Petitioner shall continue to have a
`registered practitioner represent it as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Stake shall 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 Regulations; and
`FURTHER ORDERED that Mr. Stake shall be subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), as well as the Office’s
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00319
`Patent 8,923,941 B2
`
`For PETITIONER:
`
`James Glass
`Ogi Zivojnovic
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`ogizivojnovic@quinnemanuel.com
`
`For PATENT OWNER:
`
`Justin Kimble
`Nicholas Kliewer
`BRAGALONE CONROY PC
`JKimble-IPR@bcpc-law.com
`nkliewer@bcpc-law.com
`
`
`
`4
`
`
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