`571-272-7822
`
`Paper No. 35
`Entered: November 8, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`REALTIME ADAPTIVE STREAMING, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00883
`Patent 8,934,535 B2
`____________
`
`Before KEVIN W. CHERRY, GARTH D. BAER, and NABEEL U. KHAN,
`Administrative Patent Judges.
`
`KHAN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Motions for Admission
`Pro Hac Vice of Kayvan B. Noroozi and Thomas C. Chen
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2018-00883
`Patent 8,934,535 B2
`
`
`Patent Owner filed Motions for admission pro hac vice of Kayvan B.
`Noroozi (Paper 8) and Thomas C. Chen (Paper 12) (collectively “Motions”).
`Patent Owner also filed Declarations of Kayvan B. Noroozi (Ex. 2001) and
`Thomas C. Chen (Ex. 2002) in support of the Motions (collectively
`“Declarations”). Petitioner has not filed an opposition to the Motions. For
`the reasons provided below, Patent Owner’s Motions are 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 Motions and the accompanying
`Declarations, we conclude that Mr. Noroozi and Mr. Chen each have
`sufficient legal and technical qualifications to represent Patent Owner in this
`proceeding, that Mr. Noroozi and Mr. Chen have each 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. Noroozi and Mr. Chen. Mr. Noroozi and Mr.
`Chen will be permitted to serve as back-up counsel only. See 37 C.F.R.
`§ 42.10(c).
`
`
`
`2
`
`
`
`IPR2018-00883
`Patent 8,934,535 B2
`
`
`Accordingly, it is:
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Mr. Kayvan B. Noroozi and Mr. Thomas C. Chen are 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. Noroozi and Mr. Chen are authorized
`to represent Patent Owner only as back-up counsel in this proceeding;
`FURTHER ORDERED that Mr. Noroozi and Mr. Chen are 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. Noroozi and Mr. Chen 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.; and
`FURTHER ORDERED that Patent Owner shall file an updated
`Mandatory Notice in this proceeding in accordance with
`37 C.F.R. § 42.8(b)(3), identifying Mr. Noroozi and Mr. Chen as back-up
`counsel.
`
`
`
`
`3
`
`
`
`IPR2018-00883
`Patent 8,934,535 B2
`
`For PETITIONER:
`
`Lionel M. Lavenue
`C. Brandon Rash
`James D. Stein
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`brandon.rash@finnegan.com
`james.stein@finnegan.com
`
`Ashraf A. Fawzy
`Jonathan Stroud
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`For PATENT OWNER:
`
`William P. Rothwell
`Kayvan B. Noroozi
`Joel P.N. Stonedale
`Thomas C. Chen
`NOROOZI P.C.
`william@noroozipc.com
`kayvan@noroozipc.com
`joel@noroozipc.com
`tom@noroozipc.com
`
`Neil A. Rubin
`Kent Shum
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`kshum@raklaw.com
`
`
`
`
`4
`
`