Trials@uspto.gov
`571-272-7822
`
`Paper 42
`Entered: July 22, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner,
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`____________
`
`IPR2018-01257 (Patent 8,552,978 B2)
` IPR2018-01258 (Patent 8,441,438 B2)1
`____________
`
`
`Before PATRICK M. BOUCHER, KAMRAN JIVANI, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motions for Admission
`Pro Hac Vice of Michael W. Shore
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Order to be entered in
`each proceeding. The Parties are not authorized to use this joint heading and
`filing style in their papers.
`
`
`571-272-7822
`
`Paper 42
`Entered: July 22, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner,
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`____________
`
`IPR2018-01257 (Patent 8,552,978 B2)
` IPR2018-01258 (Patent 8,441,438 B2)1
`____________
`
`
`Before PATRICK M. BOUCHER, KAMRAN JIVANI, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motions for Admission
`Pro Hac Vice of Michael W. Shore
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Order to be entered in
`each proceeding. The Parties are not authorized to use this joint heading and
`filing style in their papers.
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`On June 28, 2019, Patent Owner filed motions for admission pro hac
`
`vice of Michael W. Shore in each of the above-identified proceedings
`
`(collectively “Motions”). Paper 33.2 Patent Owner also filed declarations of
`
`Mr. Shore in support of the Motions (collectively “Declarations”).
`
`Ex. 2017.3 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 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”)).
`
`Based on the facts set forth in the Motions and the accompanying
`
`Declarations, we conclude that Mr. Shore has sufficient legal and technical
`
`qualifications to represent Patent Owner in these proceedings, that Mr. Shore
`
`has demonstrated sufficient familiarity with the subject matter of these
`
`proceedings, and that Patent Owner’s intent to be represented by counsel
`
`with litigation experience is warranted.
`
`
`2 We cite to Papers filed in IPR2018-01257. Patent Owner filed a similar
`Motion in IPR2018-01258 (Paper 33).
`3 We cite to Exhibits filed in IPR2018-01257. Patent Owner filed a similar
`Declaration in IPR2018-01258 (Ex. 2017).
`
`
`
`2
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`Accordingly, Patent Owner has established good cause for pro hac
`
`vice admission of Mr. Shore.
`
`We acknowledge that Mr. Shore discloses an instance in which he was
`
`instructed by a court not to send opposing counsel emails for a limited
`
`period during a past trial. Ex. 2017 ¶ 8. We do not find that the incident
`
`described by Mr. Shore warrants a denial of Patent Owner’s Motions.
`
`Mr. Shore is reminded, however, that he will be subject to the USPTO Rules
`
`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.
`
`A Power of Attorney has not been submitted for Mr. Shore.
`
`Accordingly, Patent Owner must submit a Power of Attorney for Mr. Shore
`
`in accordance with 37 C.F.R. § 42.10(b), and must update its Mandatory
`
`Notices as required by 37 C.F.R. § 42.8(b)(3).
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`
`of Mr. Michael W. Shore are granted;
`
`FURTHER ORDERED that Patent Owner is to continue to have a
`
`registered practitioner represent it as lead counsel for the above-identified
`
`proceedings;
`
`FURTHER ORDERED that Mr. Shore is authorized to represent
`
`Patent Owner only as back-up counsel in the above-identified proceedings;
`
`FURTHER ORDERED that Mr. Shore 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;
`
`
`
`3
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`FURTHER ORDERED that Mr. Shore 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.;4
`
`FURTHER ORDERED that, within ten (10) business days of the date
`
`of this Order, Patent Owner must submit Powers of Attorney for Mr. Shore
`
`in each of the above-identified proceedings in accordance with 37 C.F.R.
`
`§ 42.10(b); and
`
`FURTHER ORDERED that Patent Owner shall file updated
`
`Mandatory Notices in each of the above-identified proceedings in
`
`accordance with 37 C.F.R. § 42.8(b)(3), identifying Mr. Shore as back-up
`
`counsel.
`
`
`
`
`
`
`4 In the Declarations, Mr. Shore indicates he will be subject to the USPTO
`Code of Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq.,
`as opposed to the USPTO Rules of Professional Conduct set forth in
`37 C.F.R. §§ 11.101 et. seq. Ex. 2017 ¶ 10. We deem this harmless error.
`
`
`
`4
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`For Petitioner:
`
`Matthew A. Smith
`Andrew S. Baluch
`SMITH BALUCH LLP
`smith@smithbaluch.com
`baluch@smithbaluch.com
`
`James Sobieraj
`Jon Beaupre
`Yeuzhong Feng
`Andres Shoffstall
`BRINKS GILSON & LIONE
`jsobieraj@brinksgilson.com
`jbeaupre@brinksgilson.com
`yfen@brinksgilson.com
`ashoffstall@brinksgilson.com
`
`Naveen Modi
`Chetan Bansal
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`chetanbansal@paulhastings.com
`
`Collin Park
`Andrew Devkar
`Jeremy Peterson
`Adam Brooke
`MORGAN LEWIS & BOCKIUS LLP
`Collin.park@morganlewis.com
`Andrew.devkar@morganlewis.com
`jpeterson@morganlewis.com
`adam.brooke@morganlewis.com
`
`Kristopher Reed
`Benjamin Klein
`Norris Booth
`KILPATRICK TOWNSEND
`
`
`
`5
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`kreed@kilpatricktownsend.com
`bkleinman@kilpatricktownsend.com
`nboothe@kilpatricktownsend.com
`
`
`For Patent Owner:
`
`Jay P. Kesan
`DIMURO GINSBERG PC-DGKEYIP GROUP
`jkesan@dimuro.com
`
`
`
`
`6
`
`
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