`Trials@uspto.gov
`571-272-7822 Entered: October 16, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., HTC CORPORATION, AND HTC AMERICA, INC.,
`
`Petitioner,
`
`v.
`
`INVT SPE LLC,
`Patent Owner.
`____________
`
`IPR2018-015551 and IPR2018-015812
`Patent 7,848,439 B23
`____________
`
`
`
`Before THU A. DANG, KEVIN F. TURNER, and
`BARBARA A. BENOIT, Administrative Patent Judges.
`
`BENOIT, Administrative Patent Judge.
`
`
`DECISION
`Granting Patent Owner’s Motions for Pro Hac Vice Admission of
`Ms. Mary Pheng and Mr. John K. Harting
`37 C.F.R. § 42.10
`
`
`
`1 Apple Inc., who filed a petition in IPR2018-00958, has been joined as a
`petitioner in IPR2018-01555. Paper 15.
`2 Apple Inc., who filed a petition in IPR2018-00959, has been joined as a
`petitioner in IPR2018-01581. Paper 13.
`3 This Order addresses issues that are the same in each identified case. 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 subsequent
`papers.
`
`
`
`IPR2018-01555 and IPR2018-01581
`Patent 7,848,439 B2
`
`
`Patent Owner filed motions for pro hac vice admission of
`
`Ms. Mary Pheng and Mr. John K. Harting. Paper 20, 22.4 The motions were
`
`accompanied by declarations from Ms. Pheng (Paper 23) and Mr. Harting
`
`(Paper 21) in support of the motions.5 Patent Owner did not indicate
`
`whether its motions were unopposed, but Petitioner has not filed opposition
`
`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). Papers 6, 18.
`
`
`
`4 Paper and Exhibit numbers refer to IPR2018-01555. Similar papers were
`filed in IPR2018-01581.
`5 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
`
`
`
`IPR2018-01555 and IPR2018-01581
`Patent 7,848,439 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
`
`the Office Patent Trial Practice Guide, 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
`
`
`
`IPR2018-01555 and IPR2018-01581
`Patent 7,848,439 B2
`
`FOR PETITIONER:
`
`Stephen Korniczky
`skorniczky@sheppardmullin.com
`
`Martin Bader
`mbader@sheppardmullin.com
`
`Nam Kim
`nkim@sheppardmullin.com
`
`Darren Franklin
`dfranklin@sheppardmullin.com
`
`Ericka Schulz
`eschulz@sheppardmullin.com
`
`
`FOR PATENT OWNER:
`
`Cyrus Morton
`cmorton@robinskaplan.com
`
`Bryan Vogel
`bvogel@robinskaplan.com
`
`Derrick Carman
`dcarman@robinskaplan.com
`
`Li Zhu
`lzhu@robinskaplan.com
`
`Shui Li
`sli@robinskaplan.com
`
`Stephanie Diehl
`sdiehl@robinskaplan.com
`
`
`4
`
`
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