`Tel: 571-272-7822
`
`Paper: 14
`Entered: September 21, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RUIZ FOOD PRODUCTS, INC.,
`Petitioner,
`v.
`MACROPOINT LLC,
`Patent Owner.
`
`Case IPR2017-020161 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1)
`
`Before MEREDITH C. PETRAVICK, TREVOR M. JEFFERSON, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`PER CURIAM.
`
`ORDER
`Granting Patent Owner’s
`Pro Hac Vice Motions to Admit Kyle B. Fleming
`37 C.F.R § 42.10
`
`1 We exercise our discretion to issue one order to be entered in both these
`proceedings. The parties are not authorized to use this style heading for
`subsequent papers without prior Board approval.
`
`
`
`Case IPR2017-02016 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1)
`Patent Owner moves for admission pro hac vice of Kyle B. Fleming in
`each of the above-referenced proceedings (collectively, “Motions”). Paper
`15.2 Each Motion is supported by the Declaration of Kyle B. Fleming.
`Ex. 2006. Patent Owner represents in the Motions that Mr. Fleming is an
`experienced patent litigation attorney and that there is good cause for the
`Board to recognize Mr. Fleming pro hac vice. Paper 15 at 2–3. Mr. Fleming
`represents that he has sufficient familiarity with the subject matter of these
`proceedings. Ex. 2006 ¶¶ 8–11. Patent Owner represents that Petitioner
`does not oppose the Motions. Paper 15 at 2.
`The Board has reviewed the submissions and determined that the
`requirements of 37 C.F.R. § 42.10 have been met and there is good cause to
`admit Mr. Fleming pro hac vice.
`
`It is therefore:
`ORDERED that Patent Owner’s Motions for Pro Hac Vice Admission
`of Kyle B. Fleming in each of these proceedings are granted;
`FURTHER ORDERED that Kyle B. Fleming is authorized to
`represent Patent Owner as back-up counsel only in these proceedings;
`FURTHER ORDERED that Patent Owner shall continue to designate
`a registered practitioner as lead counsel in these proceedings;
`FURTHER ORDERED that Kyle B. Fleming shall comply with the
`Office Patent Trial Practice Guide including the August 2018 update and the
`
`
`2 The Motions and Exhibits is support of the Motions filed by Patent Owner
`the two proceedings are substantively the same. We refer to the papers and
`exhibits filed in IPR2017-02016, unless otherwise noted.
`
`2
`
`
`
`Case IPR2017-02016 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1)
`Board’s Rules of Practice for Trials, as set forth in Part 42 of Title 37, Code
`of Federal Regulations; and
`FURTHER ORDERED that Kyle B. Fleming is subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and the USPTO Rules of
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`3
`
`
`
`Case IPR2017-02016 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1)
`PETITIONER:
`
`James Murphy
`jpmurphy@polsinelli.com
`
`Matthew Frontz
`mfrontz@polsinelli.com
`
`Ryan Murphy
`rmurphy@polsinelli.com
`
`
`PATENT OWNER:
`
`Mark Johnson
`mjohnson@rennerotto.com
`
`Luis Carrion
`lcarrion@rennerotto.com
`
`Kyle B. Fleming
`kfleming@rennerotto.com
`
`4
`
`