`Tel: 571-272-7822
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`Paper 14
`Entered: February 27, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SONOS, INC.,
`Petitioner,
`
`v.
`
`IMPLICIT, LLC,
`Patent Owner.
`
`
`IPR2018-00766 (Patent 7,391,791 B2)1
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. McSHANE, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`Patent Owner’s Unopposed Motions for
`Pro Hac Vice Admission of William E. Davis, III
`37 C.F.R. § 42.10(c)
`
`
`1 This Order addresses issues that are identical in each of these cases.
`Therefore, we exercise our discretion to issue one order to be filed in each
`case. The parties, however, are not authorized to use this style heading in
`any subsequent papers without prior authorization.
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`I. INTRODUCTION
`Implicit, LLC (“Patent Owner”), filed an Unopposed Motion for Pro
`Hac Vice Admission of Mr. William E. Davis, III in each of the respective
`proceedings identified above. Paper 18 (“Mot.”).2 A supporting Declaration
`was attached to the Motion. The Motion is unopposed. For the reasons
`provided below, Patent Owner’s Motions are granted.
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`II. DISCUSSION
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`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 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”)).
`Patent Owner asserts that there is good cause for us to recognize Mr.
`Davis pro hac vice in these proceedings. Mot. 1–2. Patent Owner’s
`assertions in this regard are supported by the Declaration of Mr. Davis. Mot.
`4–5.
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`2 We refer to the papers and exhibits filed in Case IPR2018-00766 as
`representative.
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`2
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`
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`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
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`Mr. Davis declares that he is a member in good standing of the bar of
`Texas. Mot. 4. Mr. Davis also declares that he is familiar with the subject
`matter at issue in each of these proceedings. Id. at 4–5. In addition, the
`facts alleged in Mr. Davis’s Declaration comply with the requirements set
`forth in our representative Order authorizing motions for pro hac vice
`admission. See id.
`On this record, we determine that Mr. Davis has sufficient
`qualifications to represent Patent Owner in these proceedings. We also
`determine that Patent Owner has established that there is good cause for the
`pro hac vice admission of Mr. Davis in these proceedings.
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`III. ORDER
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`Accordingly, it is
`ORDERED that Patent Owner’s Unopposed Motions for Pro Hac
`Vice Admission of Mr. William E. Davis, III are GRANTED. Mr. Davis is
`authorized to represent Patent Owner as back-up counsel in each of these
`proceedings only;
`FURTHER ORDERED that Patent Owner shall continue to have a
`registered practitioner represent it as lead counsel in each of these
`proceedings;
`FURTHER ORDERED that Mr. Davis 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. Davis 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.
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`3
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`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
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`PETITIONER:
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`Rory P. Shea
`Cole B. Richter
`George I. Lee
`LEE SULLIVAN SHEA & SMITH LLP
`shea@ls3ip.com
`richter@ls3ip.com
`lee@ls3ip.com
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`PATENT OWNER:
`
`James Hopenfeld
`SINGER BEA, LLP
`jhopenfeld@singerbea.com
`
`Christian Hurt
`THE DAVIS FIRM, PC
`churt@bdavisfirm.com
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`4
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