`571-272-7822 Entered: October 15, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., HTC CORPORATION,
`HTC AMERICA, INC., and ZTE (USA) INC.,
`Petitioners,
`v.
`INVT SPE LLC,
`Patent Owner.
`____________
`
`Case IPR2018-01476
`Patent 7,764,711 B2
`____________
`
`
`
`Before THU A. DANG, BARBARA A. BENOIT, and J. JOHN LEE,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motion for Pro Hac Vice Admission of
`Ms. Mary Pheng and Mr. John K. Harting
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2018-01476
`Patent 7,764,711 B2
`
`
`Patent Owner filed motions for pro hac vice admission of Ms. Mary
`Pheng and Mr. John K. Harting. Paper 15, 16. The motions were
`accompanied by declarations from Ms. Pheng and Mr. Harting in support of
`the motions. Id. at 2–3; Papers 14, 17. 1 Patent Owner did not indicate
`whether its motions were unopposed, but Petitioners have not filed
`oppositions within the seven-day period following the filing of the motions.
`37 C.F.R. § 42.25.
`Having reviewed the motions and declarations, we conclude that
`Ms. Pheng and Mr. Harting have sufficient qualifications to represent Patent
`Owner in these proceedings, and that Patent Owner has shown good cause
`for pro hac vice admission of Ms. Pheng and Mr. Harting. See Unified
`Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639 (PTAB Oct. 15, 2013)
`(setting forth the requirements for pro hac vice admission) (Paper 7).
`Ms. Pheng and Mr. Harting will be permitted to appear pro hac vice in this
`proceeding as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that Patent Owner filed mandatory notices including
`Ms. Pheng and Mr. Harting in accordance with 37 C.F.R. § 42.8(b)(3), and
`a Power of Attorney including Ms. Pheng and Mr. Harting in accordance
`with 37 C.F.R. § 42.10(b). Paper 6, 13.
`
`
`
`1 Patent Owner filed the Declarations as Papers. We deem this harmless
`error. However, Patent Owner is reminded that affidavits and declarations
`must be filed as exhibits. See 37 C.F.R. § 42.63(a) (“Evidence consists of
`affidavits, transcripts of depositions, documents, and things. All evidence
`must be filed in the form of an exhibit.”).
`2
`
`
`
`Case IPR2018-01476
`Patent 7,764,711 B2
`
`
`ORDER
`
`It is:
`ORDERED that Patent Owner’s motions for pro hac vice admission
`of Ms. Mary Pheng and Mr. John K. Harting are granted, and Ms. Pheng and
`Mr. Harting are authorized to represent Patent Owner only as back-up
`counsel in these proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in these proceedings;
`FURTHER ORDERED that Ms. Pheng and Mr. Harting are to comply
`with the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14,
`2012), as updated by the August 2018 Update, 83 Federal Register 39,989
`(Aug. 13, 2018), and the July 2019 Update, 84 Fed. Reg. 33,925 (July 16,
`2019), 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 Ms. Pheng and Mr. Harting are subject to
`the USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the
`USPTO’s Rules of Professional Conduct set forth at 37 C.F.R. §§ 11.101–
`11.901.
`
`
`
`
`
`
`
`3
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`
`
`Case IPR2018-01476
`Patent 7,764,711 B2
`
`For PETITIONER:
`
`Adam P. Seitz
`Paul R. Hart
`Callie A. Pendergrass
`ERISE IP, P.A.
`Adam.Seitz@eriseip.com
`Paul.Hart@eriseip.com
`Callie.Pendergrass@eriseip.com
`
`Stephen Korniczky
`Martin Bader
`Nam Kim
`Ericka Schulz
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`skorniczky@sheppardmullin.com
`mbader@sheppardmullin.com
`nkim@sheppardmullin.com
`eschulz@sheppardmullin.com
`
`Bing Ai
`Vinay Sathe
`Babak Tehranchi
`Kevin Patariu
`John Schnurer
`PERKINS COIE LLP
`Ai-ptab@perkinscoie.com
`VSathe@perkinscoie.com
`BTehranchi@perkinscoie.com
`KPatariu@perkinscoie.com
`JSchnurer@perkinscoie.com
`
`
`
`
`
`4
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`
`
`Case IPR2018-01476
`Patent 7,764,711 B2
`
`For PATENT OWNER:
`
`Cyrus A. Morton
`Bryan J. Vogel
`Derrick J. Carman
`Li Zhu
`Shui Li
`Stephanie A. Diehl
`ROBINS KAPLAN LLP
`cmorton@robinskaplan.com
`bvogel@robinskaplan.com
`dcarman@robinskaplan.com
`lzhu@robinskaplan.com
`sli@robinskaplan.com
`sdiehl@robinskaplan.com
`
`
`5
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`
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