`571-272-7822
`
`
`
`
`Paper No. 18
`February 20, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioners
`
`v.
`
`IMAGE PROCESSING TECHNOLOGIES, LLC
`Patent Owner
`____________
`
`Case IPR2017-01190 (Patent 6,717,518 B1)
` Case IPR2017-01218 (Patent 8,983,134 B2)1
`____________
`
`
`Before JONI Y. CHANG, MIRIAM L. QUINN, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`
`
`DECISION
`Patent Owner’s Unopposed Motions for
`Pro Hac Vice Admission of Michael N. Zachary
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion to issue
`one Order to be docketed in each case. The parties are not authorized to use a
`multiple case caption.
`
`
`
`IPR2017-01190 (Patent 6,717,518 B1)
`IPR2017-01218 (Patent 8,983,134 B2)
`
`
`
`
`I. INTRODUCTION
`Image Processing Technologies, LLC (“Patent Owner”), filed a
`Motion for Pro Hac Vice Admission of Mr. Michael N. Zachary in each of
`the respective proceedings identified above. Paper 16 (“Mot.”).2 A
`supporting Declaration has also been filed. Ex. 2004 (“Decl.”). No
`opposition has been filed by Petitioner. For the reasons provided below,
`Patent Owner’s Motions are 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 Paper 3, 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”)).
`Patent Owner asserts that there is good cause for us to recognize Mr.
`Zachary pro hac vice in these proceedings. Mot. 2. Patent Owner’s
`assertions in this regard are supported by the Declaration of Mr. Zachary.
`Decl. 2–5.
`
`
`2 We refer to the papers and exhibits filed in Case IPR2017-01190 as
`representative.
`
`
`
`2
`
`
`
`Case IPR2017-01255 (Patent 8,798,593 B2)
`Case IPR2017-01264 (Patent 8,798,647 B1)
`
`
`Mr. Zachary declares that he is a member in good standing of the bars
`of California, Oregon, and Washington State. Decl. 2. Mr. Zachary also
`declares that he is familiar with the subject matter at issue in each of these
`proceedings. Id. at 4. In addition, the facts alleged in Mr. Zachary’s
`Declaration comply with the requirements set forth in our representative
`Order authorizing motions for pro hac vice admission. See id. at 3–4; Mot.
`1–2.
`
`On this record, we determine that Mr. Zachary has sufficient
`qualifications to represent Patent Owner in these proceedings. We also
`determine that Patent Owner has established that there is good cause for the
`pro hac vice admission of Mr. Zachary in these proceedings.
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Unopposed Motions for Pro Hac
`Vice Admission of Mr. Michael N. Zachary are GRANTED. Mr. Zachary is
`authorized to represent Patent Owner as back-up counsel in each of these
`proceedings only;
`FURTHER ORDERED that Patent Owner shall continue to have a
`registered practitioner represent it as lead counsel in each of these
`proceedings;
`FURTHER ORDERED that Mr. Zachary 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. Zachary is 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
`
`
`
`Case IPR2017-01255 (Patent 8,798,593 B2)
`Case IPR2017-01264 (Patent 8,798,647 B1)
`
`PETITIONER:
`
`John Kappos
`O’MELVENY & MYERS LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`jkappos@omm.com
`
`Nick Whilt
`Brian M. Cook
`O’MELVENY & MYERS LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`nwhilt@omm.com
`bcook@omm.com
`
`PATENT OWNER:
`
`Chris Coulson
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`ChrisCoulson@AndrewsKurthKenyon.com
`
`
`
`
`
`
`
`4
`
`
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