`Tel: 571-272-7822
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`Paper 18
`Entered: December 19, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`EXOCAD GMBH AND EXOCAD AMERICA, INC.,
`Petitioner,
`v.
`3SHAPE A/S,
`Patent Owner.
`
`Case IPR2018-00788
`Patent 9,336,336 B2
`
`
`
`
`Before SALLY C. MEDLEY, IRVIN E. BRANCH, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`BRANCH, Administrative Patent Judge.
`
`ORDER
` Petitioner’s Motion for Pro Hac Vice
`Admission of Kevin M. Littman
`37 C.F.R. § 42.10(c)
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`
`
`Case IPR2018-00788
`Patent 9,336,336 B2
`
`
`Petitioner filed a motion for pro hac vice admission of Kevin M.
`Littman (Paper 15; “Motion”). Patent Owner does not oppose the Motion.
`Id. A Declaration of Kevin M. Littman (Ex. 1022; “Declaration”) was
`submitted with the Motion. For the reasons provided below, Petitioner’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 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 this proceeding.
`In this proceeding, lead counsel for Petitioner, Matthew B. Lowrie, a
`registered practitioner, filed the Motion. Motion 3. In the Motion,
`Petitioner states there is good cause for the Board to recognize Mr. Littman
`pro hac vice during this proceeding because he represents Petitioner in
`related litigation. Id. at 2. The Motion further asserts that Mr. Littman is
`familiar with the patent at issue in this proceeding and the underlying
`technology. Id. at 1–2.
`In the Declaration, Mr. Littman attests that he has never been
`suspended or disbarred by any court or administrative body (Ex. 1022 ¶ 2),
`has not been denied for admission to practice before any court or
`administrative body (id. ¶ 3), and has not been sanctioned or cited for
`contempt by any court or administrative body (id. ¶ 4).
`Mr. Littman further states that he has read and will comply with the
`Office Patent Trial Practice Guide and the Board’s rules as set for in 37
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`2
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`Case IPR2018-00788
`Patent 9,336,336 B2
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`C.F.R. § 42 (id. ¶ 5), and agrees to be subject to the USPTO Rules of
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) (id. ¶ 6).
`It is
`ORDERED that Petitioner’s Motion for pro hac vice admission of
`Kevin M. Littman is granted;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for the instant proceeding;
`FURTHER ORDERED that Mr. Littman is authorized to represent
`Petitioner as back-up counsel only in this proceeding;
`FURTHER ORDERED that Mr. Littman 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. Littman shall be 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;
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`FURTHER ORDERED that Petitioner must, within ten (10) business
`days of the date of this Order, file an updated mandatory notice identifying
`Mr. Littman as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3);
`and
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`FURTHER ORDERED that Petitioner must file a Power of Attorney
`for Mr. Littman under 37 C.F.R. § 42.10(b), within ten (10) business days of
`the date of this Order.
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`3
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`Case IPR2018-00788
`Patent 9,336,336 B2
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`For PETITIONER:
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`Matthew Lowrie
`Christopher McKenna
`FOLEY & LARDNER LLP
`mlowrie@foley.com
`cmckenna@foley.com
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`For PATENT OWNER:
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`Todd Walters
`Roger Lee
`BUCHANAN INGERSOLL & ROONEY PC
`Todd.Walters@bipc.com
`Roger.Lee@bipc.com
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