`571-272-7822 Date: May 2, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., WHATSAPP INC., and LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-01427 (Patent 8,995,433 B2)1
`
`____________
`
`FACEBOOK, INC., WHATSAPP INC., LG ELECTRONICS, INC., and
`HUAWEI DEVICE CO., LTD.
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-01428 (Patent 8,995,433 B2)2
`
`1 LG Electronics, Inc., which filed a petition and motion for joinder in
`IPR2017-02087, has been joined as a petitioner in IPR2017-01427. Case
`IPR2017-01427, Paper 18.
`2 LG Electronics, Inc. and Huawei Device Co., Ltd., which filed a petition
`and motion for joinder in IPR2017-02088, have been joined as petitioners in
`IPR2017-01428. Case IPR2017-01428, Paper 16.
`
`
`
`IPR2017-01427 (Patent 8,995,433 B2)
`IPR2017-01428 (Patent 8,995,433 B2)
`
`
`
`____________
`
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Facebook, Inc. and WhatsApp Inc.’s Unopposed Motion for Pro Hac Vice
`Admission of Mark R. Weinstein
`37 C.F.R. § 42.10
`
`
`
`
`
`2
`
`
`
`
`
`
`
`IPR2017-01427 (Patent 8,995,433 B2)
`IPR2017-01428 (Patent 8,995,433 B2)
`
`
`Facebook, Inc. and WhatsApp Inc. filed a Motion for pro hac vice
`admission of Mark R. Weinstein in each of the above-captioned
`proceedings. Paper 27 (“Motion” or “Mot.”).3 Facebook, Inc. and
`WhatsApp Inc. also filed a Declaration of Mr. Weinstein in support of the
`Motion. Ex. 1017. The Motion represents that Patent Owner does not
`oppose. Mot. 1.
`We have reviewed the Motion and the accompanying declaration of
`Mr. Weinstein. Based on the facts averred in the Declaration, we conclude
`that Mr. Weinstein has sufficient qualifications to represent Facebook, Inc.
`and WhatsApp Inc. in these proceedings because Mr. Weinstein has
`demonstrated familiarity with the subject matter of these proceedings and
`experience as a litigation attorney in patent matters involved in these
`proceedings. The Motion states that there is good cause for the Board to
`recognize Mr. Weinstein as counsel pro hac vice because Facebook, Inc. and
`WhatsApp Inc. seek to have counsel in the related District Court cases
`involved in the related inter partes reviews. Mot. 2. The Motion is hereby
`granted, and Mr. Weinstein will be permitted to appear pro hac vice in these
`proceedings as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`
`
`
`3 The same Motion has been filed in each of the captioned proceedings.
`Citations refer to the filings in IPR2017-01427.
`3
`
`
`
`
`
`IPR2017-01427 (Patent 8,995,433 B2)
`IPR2017-01428 (Patent 8,995,433 B2)
`
`
`ORDER
`
`It is
`ORDERED that Facebook, Inc. and WhatsApp Inc.’s Unopposed
`Motion for pro hac vice admission of Mr. Mark R. Weinstein in each of the
`instant proceedings is granted;
`FURTHER ORDERED that Mr. Weinstein will be authorized to
`represent Facebook, Inc. and WhatsApp Inc. as back-up counsel in the
`instant proceedings only;
`FURTHER ORDERED that Facebook, Inc. and WhatsApp Inc. are to
`continue to have a registered practitioner as lead counsel in the instant
`proceedings;
`FURTHER ORDERED that Mr. Weinstein 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. Weinstein is subject to the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`IPR2017-01427 (Patent 8,995,433 B2)
`IPR2017-01428 (Patent 8,995,433 B2)
`
`For PETITIONER:
`
`Heidi L. Keefe
`Phillip E. Morton
`COOLEY LLP
`hkeefe@cooley.com
`pmorton@cooley.com
`zpatdcdocketing@cooley.com
`
`Anand Sharma
`Minjae Kang
`Joshua Goldberg
`Bradford Shulz
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P
`Anand.sharma@finnegan.com
`Minjae.kang@finnegan.com
`Joshua.goldbert@finnegan.com
`Bradford.shulz@finnegan.com
`
`For PATENT OWNER:
`
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`ryan@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`5
`
`
`
`
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