`571.272.7822
`
` Paper No. 33
`
`
` Entered: February 14, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KVK-TECH, INC.
`Petitioner,
`
`v.
`
`SHIRE PLC
`Patent Owner.
`____________
`
`Case IPR2018-00290 (Patent 8,846,100 B2)
`Case IPR2018-00293 (Patent 9,173,857 B2)1
`____________
`
`
`
`Before RAMA G. ELLURU, SHERIDAN K. SNEDDEN, and
`DEVON ZASTROW NEWMAN, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Petitioner’s Motion for Admission Pro Hac Vice of
`David J. Galluzzo
`37 C.F.R. § 42.10
`
`
`1 This Decision addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Decision to be entered
`in each proceeding. The parties are not authorized to use this joint heading
`and filing style in their papers.
`
`
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`On January 24, 2019, Petitioner filed a Motion for Admission Pro
`Hac Vice of David J. Galluzzo (Paper 32, “Motion”)2 as well as a supporting
`declaration from Mr. Galluzzo (Exhibit 1043, “Declaration”). A week has
`passed from the filing of the motion without opposition from Patent Owner.
`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. In
`authorizing a motion for pro hac vice admission, the Board requires the
`moving party to provide 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 the proceeding. See Paper 5, 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”)).
`Having reviewed the Motions and supporting Declarations, good
`cause exists for granting admission pro hac vice to Mr. Galluzzo in the
`above-listed proceedings.
`Accordingly, it is:
`ORDERED that Petitioner’s Motions seeking admission Pro Hac Vice
`for David J. Galluzzo are GRANTED;
`FURTHER ORDERED that Petitioner shall submit, within ten (10)
`business days of the date of this order, a Power of Attorney for Mr. Galluzzo
`in accordance with 37 C.F.R. § 42.10(b) in the above-listed proceedings;
`FURTHER ORDERED that Petitioner shall submit, within ten (10)
`days of this order, an updated mandatory notice identifying Mr. Galluzzo as
`
`
`2 All citations are to IPR2018-00290 unless otherwise noted.
`
`2
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3) in the above-
`listed proceedings;
`FURTHER ORDERED that Mr. Galluzzo shall 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. Galluzzo is subject to the USPTO’s
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and to
`the USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a); and
`FURTHER ORDERED that Petitioner shall continue to have a
`registered practitioner represent it as lead counsel in this proceeding; Mr.
`Galluzzo is authorized to represent Petitioner only as back-up counsel in this
`proceeding.
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`
`
`
`PETITIONER:
`
`Steven Roth
`Thomas J. Vetter
`LUCAS & MERCANTI, LLP
`sroth@lmiplaw.com
`tvetter@lmiplaw.com
`
`
`PATENT OWNER:
`
`Joseph R. Robinson
`Robert Schaffer
`Dustin B. Weeks
`TROUTMAN SANDERS LLP
`Joseph.robinson@troutmansanders.com
`Robert.schaffer@troutmansanders.com
`Dustin.weeks@troutmansanders.com
`
`
`
`4
`
`