`571-272-7822
`
`
`
`
`Paper No. 24
`July 20, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`UNIFIED PATENT INC.,
`Petitioner
`
`v.
`
`PLECTRUM LLC,
`Patent Owner
`____________
`
`IPR2017-01430
`Patent 5,978,951
`____________
`
`
`Before KEN B. BARRETT, MIRIAM L. QUINN, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`DECISION
`Patent Owner’s Unopposed Motion for
`Pro Hac Vice Admission of C. Ryan Pinckney
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`IPR2017-01430
`Patent 5,978,951
`
`
`
`I. INTRODUCTION
`
`Plectrum LLC (“Patent Owner”), filed a Motion for Pro Hac Vice
`
`Admission of C. Ryan Pinckney in this proceeding. Paper 22 (“Mot.”). A
`
`supporting Declaration has also been filed. Ex. 2006 (“Decl.”). Patent
`
`Owner represents that Petitioner, Unified Patent Inc., does not oppose the
`
`grant of this motion. Mot. 1. For the reasons provided below, Patent
`
`Owner’s 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 Paper 4, 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.
`
`Pinckney pro hac vice in this proceeding. Mot. 3. Patent Owner’s
`
`assertions in this regard are supported by the Declaration of Mr. Pinckney.
`
`Decl. 1–2.
`
`
`
`2
`
`
`
`Case IPR2017-01255 (Patent 8,798,593 B2)
`Case IPR2017-01264 (Patent 8,798,647 B1)
`
`
`Mr. Pinckney declares that he is a member in good standing of the bar
`
`of Texas and the U.S. District Court for the Eastern District of Texas. Decl.
`
`1. Mr. Pinckney also declares that he is familiar with the subject matter at
`
`issue in this proceeding. Id. at 2. In addition, the facts alleged in Mr.
`
`Pinckney’s Declaration comply with the requirements set forth in our
`
`representative Order authorizing motions for pro hac vice admission. See id.
`
`at 1–2; Mot. 1–5.
`
`On this record, we determine that Mr. Pinckney has sufficient
`
`qualifications to represent Patent Owner in this proceeding. We also
`
`determine that Patent Owner has established that there is good cause for the
`
`pro hac vice admission of Mr. Pinckney in this proceeding.
`
`III. ORDER
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s Unopposed Motion for Pro Hac Vice
`
`Admission of Mr. C. Ryan Pinckney is GRANTED. Mr. Pinckney is
`
`authorized to represent Patent Owner as back-up counsel in this proceeding
`
`only;
`
`FURTHER ORDERED that Patent Owner shall continue to have a
`
`registered practitioner represent it as lead counsel in this proceeding;
`
`FURTHER ORDERED that Mr. Pinckney 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. Pinckney 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:
`
`David L. Cavanaugh
`Daniel V. Williams
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.Cavanaugh@wilmerhale.com
`daniel.williams@wilmerhale.com
`
`
`Roshan Mansinghani
`Jonathan Stroud
`Unified Patents Inc.
`Roshan@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`
`
`
`PATENT OWNER:
`
`Zachariah S. Harrington
`Larry D. Thompson, Jr.
`Matthew J. Antonelli
`ANTONELLI, HARRINGTON & THOMPSON LLP
`zac@ahtlawfirm.com
`larry@ahtlawfirm.com
`matt@ahtlawfirm.com
`
`
`
`
`
`
`
`
`
`4
`
`
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