Trials@uspto.gov
`571.272.7822
`
`
`
`
` Paper No. 9
`Filed: March 7, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`AXIS COMMUNICATIONS AB,. CANON INC.,
`and CANON U.S.A., INC.,
`Petitioner,
`
`v.
`
`AVIGILON FORTRESS CORPORATION,
`Patent Owner.
`
`Cases IPR2019-00235, IPR2019-002361
`Patent 7,868,912 B2
`____________
`
`
`
`Before GEORGIANNA W. BRADEN, KIMBERLY McGRAW, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`
`ORDER
`Pro Hac Vice Admissions of
`Michael W. De Vries, Adam R. Alper, and Akshay S. Deoras
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`1 This Order addresses issues that are identical in both above-referenced
`proceedings. We issue a single order in these two proceedings for
`convenience. The parties, however, are not authorized to use this style
`heading.
`
`
`571.272.7822
`
`
`
`
` Paper No. 9
`Filed: March 7, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`AXIS COMMUNICATIONS AB,. CANON INC.,
`and CANON U.S.A., INC.,
`Petitioner,
`
`v.
`
`AVIGILON FORTRESS CORPORATION,
`Patent Owner.
`
`Cases IPR2019-00235, IPR2019-002361
`Patent 7,868,912 B2
`____________
`
`
`
`Before GEORGIANNA W. BRADEN, KIMBERLY McGRAW, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`
`ORDER
`Pro Hac Vice Admissions of
`Michael W. De Vries, Adam R. Alper, and Akshay S. Deoras
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`1 This Order addresses issues that are identical in both above-referenced
`proceedings. We issue a single order in these two proceedings for
`convenience. The parties, however, are not authorized to use this style
`heading.
`
`
`
`IPR2019-00235, IPR2019-00236
`Patent 7,868,912 B2
`
`
`
`I. DISCUSSION
`Patent Owner Avigilon Fortress Corporation (“Avigilon”) filed a
`Motion pursuant to 37 C.F.R. § 42.10(c), for Michael W. De Vries,
`Mr. Adam R. Alper, and Mr. Akshay S. Deoras to appear pro hac vice on its
`behalf before the Patent Trial and Appeal Board in each of the above
`referenced proceedings. See Paper 8.2 Petitioner did not file an opposition.
`Pursuant to 37 C.F.R. § 42.10(c), we 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. Patent Owner’s lead
`counsel in each proceeding, Eugene Goryunov, is a registered practitioner.
`Paper 5, 1.
`A motion for pro hac vice admission must also contain a statement of
`facts showing there is good cause for us to recognize counsel pro hac vice
`during the proceeding and be accompanied by an affidavit or declaration of
`the individual seeking to appear. See Unified Patents, Inc. v. Parallel Iron,
`LLC, IPR2013-00639, slip op. at 3–4 (PTAB Oct. 15, 2013) (Paper 7)
`(setting forth the requirements for pro hac vice admission).
` Avigilon asserts there is good cause for us to recognize Mr. De Vries
`pro hac vice. Paper 8, 2–5, 9–10. Avigilon’s assertions in this regard are
`supported by a Declaration of Mr. De Vries. Ex. 2001. In his declaration,
`Mr. De Vries states he has familiarity with the subject matter at issue in this
`proceeding. Ex. 2001 ¶ 5. In addition, Mr. De Vries’s Declaration complies
`
`
`2 For convenience, paper and exhibit numbers refer to IPR2019-00235;
`corresponding papers may be found in the record of IPR2019-00236.
`2
`
`
`
`IPR2019-00235, IPR2019-00236
`Patent 7,868,912 B2
`
`with the other requirements for pro hac vice admission. Id. ¶¶ 1–13; see
`Unified Patents, slip op. at 3–4.
`Avigilon further asserts there is good cause for us to recognize Mr.
`Alper pro hac vice. Paper 8, 5–7, 10. Avigilon’s assertions in this regard
`are supported by a Declaration of Mr. Alper. Ex. 2002. In his declaration,
`Mr. Alper states he has familiarity with the subject matter at issue in this
`proceeding. Ex. 2002 ¶ 4. In addition, Mr. Alper’s Declaration complies
`with the other requirements for pro hac vice admission. Id. ¶¶ 1– 12; see
`Unified Patents, slip op. at 3–4.
`Finally, Avigilon asserts there is good cause for us to recognize Mr.
`Deoras pro hac vice. Paper 8, 7–11. Avigilon’s assertions in this regard are
`supported by a Declaration of Mr. Deoras. Ex. 2003. In his declaration, Mr.
`Deoras states he has familiarity with the subject matter at issue in this
`proceeding. Ex. 2003 ¶ 4. Mr. Deoras’s Declaration also complies with the
`other requirements for pro hac vice admission. Id. ¶¶ 1– 12; see Unified
`Patents, slip op. at 3–4.
`After reviewing the motions and supporting Declarations, we
`determine that Mr. De Vries, Mr. Alper, and Mr. Deoras each have sufficient
`qualifications to represent Avigilon and that Avigilon has established good
`cause for their admission. Accordingly, Avigilon’s the Motions for pro hac
`vice admission of Mr. De Vries, Mr. Alper, and Mr. Deoras in each of the
`above referenced proceedings are granted.
`
`
`
`3
`
`
`
`IPR2019-00235, IPR2019-00236
`Patent 7,868,912 B2
`
`
`II. ORDER
`It is therefore ORDERED that Avigilon’s unopposed motion for pro
`hac vice admission of Mr. Michael W. De Vries, Mr. Adam R. Alper, and
`Mr. Akshay S. Deoras to represent Avigilon in each of the above referenced
`proceedings is granted;
`FURTHER ORDERED that Mr. De Vries, Mr. Alper, and Mr. Deoras
`are authorized to represent Avigilon as back-up counsel only in each of the
`above referenced proceedings;
`FURTHER ORDERED that Avigilon is to continue to have a
`registered practitioner represent it as lead counsel in each of the above
`referenced proceedings;
`FURTHER ORDERED that Mr. De Vries, Mr. Alper, and Mr. Deoras
`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. De Vries, Mr. Alper, and Mr. Deoras
`shall be subject to the Office’s disciplinary jurisdiction under 37 C.F.R.
`§ 11.19(a), as well as the Office’s Rules of Professional Conduct set forth in
`37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2019-00235, IPR2019-00236
`Patent 7,868,912 B2
`
`For PETITIONER:
`AXIS COMMUNICATIONS AB
`C. Gregory Gramenopoulos
`Jessica L.A. Marks
`Finnegan, Henderson, Farabow, Garrett & Dunner LLP
`gramenoc@finnegan.com
`jessica.marks@finnegan.com
`
`CANON INC. AND CANON U.S.A., INC.
`Joseph A. Calvaruso
`Richard F. Martinelli
`Orrick, Herrington & Sutcliffe LLP
`jcalvaruso@orrick.com
`rfmptabdocket@orrick.com
`
`
`For PATENT OWNER:
`
`Eugene Goryunov
`Michael Dokhanchy
`KIRKLAND & ELLIS LLP
`egoryunov@kirkland.com
`Reza.dokhanchy@kirkland.com
`
`
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
