`571-272-7822
`
`Paper 29
`Entered: February 26, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00199
`Patent 7,092,671 B2
`____________
`
`Before MIRIAM L. QUINN, CHARLES J. BOUDREAU, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion for Admission
`Pro Hac Vice of Travis Richins
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2018-00199
`Patent 7,092,671 B2
`
`
`On February 15, 2019, Patent Owner filed a Motion for admission pro hac
`
`vice of Travis Richins. Paper 25 (“Motion”). Patent Owner also filed a
`
`Declaration of Mr. Richins in support of the Motion. Ex. 2008 (“Declaration”).
`
`Patent Owner attests that Petitioner does not oppose the Motion. Paper 25, 2. For
`
`the reasons provided below, Patent Owner’s Motion is granted.
`
`Pursuant to 37 C.F.R. § 42.10(c), the Board 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. In its notice authorizing motions for
`
`pro hac vice admission, the Board requires a statement of facts showing there is
`
`good cause for the Board to recognize counsel pro hac vice and an affidavit or
`
`declaration of the individual seeking to appear in this proceeding. 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”)).
`
`Based on the facts set forth in the Motion and the accompanying
`
`Declaration, we conclude that Mr. Richins has sufficient legal and technical
`
`qualifications to represent Patent Owner in this proceeding, that Mr. Richins has
`
`demonstrated sufficient familiarity with the subject matter of this proceeding, and
`
`that Patent Owner’s intent to be represented by counsel with litigation experience
`
`is warranted. Accordingly, Patent Owner has established good cause for pro hac
`
`vice admission of Mr. Richins. Mr. Richins will be permitted to serve as back-up
`
`counsel only. See 37 C.F.R. § 42.10(c).
`
`We note that Patent Owner filed a Mandatory Notice identifying Mr. Richins
`
`as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3). Paper 26. A Power
`
`of Attorney, however, has not been submitted for Mr. Richins. Accordingly,
`
`
`
`2
`
`
`
`IPR2018-00199
`Patent 7,092,671 B2
`
`Patent Owner must submit a Power of Attorney for Mr. Richins in accordance with
`
`37 C.F.R. § 42.10(b).
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`
`Mr. Travis Richins is granted;
`
`FURTHER ORDERED that Patent Owner is to continue to have a registered
`
`practitioner represent it as lead counsel for this proceeding;
`
`FURTHER ORDERED that Mr. Richins is authorized to represent Patent
`
`Owner only as back-up counsel in this proceeding;
`
`FURTHER ORDERED that Mr. Richins is to comply with the Office Patent
`
`Trial Practice Guide, as updated by the August 2018 Update, 83 Federal Register
`
`39,989 (Aug. 13, 2018), and the Board’s Rules of Practice for Trials, as set forth in
`
`Part 42 of Title 37, Code of Federal Regulations;
`
`FURTHER ORDERED that Mr. Richins shall be subject to the Office’s
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.; and
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`FURTHER ORDERED that, within ten (10) business days of the date of this
`
`Order, Patent Owner must submit a Power of Attorney for Mr. Richins in this
`
`proceeding in accordance with 37 C.F.R. § 42.10(b).
`
`
`
`
`
`3
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`
`
`IPR2018-00199
`Patent 7,092,671 B2
`
`For Petitioner:
`
`David Cavanaugh
`David.cavanaugh@wilmerhale.com
`
`Roshan Mansinghani
`roshan@unifiedpatents.com
`
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`Michael Van Handel
`Michael.vanhandel@wilmerhale.com
`
`Ellyar Barazesh
`Ellyar.barazesh@wilmerhale.com
`
`Jonathan Bowser
`jbowser@unifiedpatents.com
`
`Dan Williams
`Daniel.williams@wilmerhale.com
`
`For Patent Owner:
`
`Ryan Loveless
`ryan@etheridgelaw.com
`
`Sean Burdick
`Sean.burdick@unilocusa.com
`
`Brett Mangrum
`brett@etheridgelaw.com
`
`James Etheridge
`jim@etheridgelaw.com
`
`Jeffrey Huang
`jeff@etheridgelaw.com
`
`
`
`4
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`