`571.272.7822
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` Entered: November 13, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`FACEBOOK, INC., INSTAGRAM, LLC, AND WHATSAPP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`Case IPR2019-009251
`Patent 8,209,634 B2
`____________
`
`
`
`Before MIRIAM L. QUINN, GREGG I. ANDERSON, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Petitioner’s Motion for Pro Hac Vice
`Admission of Mark R. Weinstein
`37 C.F.R. § 42.10
`
`
`
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`1 Snap Inc. filed a petition and a motion for joinder in IPR2019-00938, both
`of which have been granted. Paper 17. Therefore, Snap Inc. has been joined
`as a petitioner. Id.
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`
`
`
`
`IPR2019-00925
`Patent 8,209,634 B2
`
`
`Facebook, Inc., Instagram, LLC, and WhatsApp Inc. (collectively
`
`“Petitioner”) filed a Motion for pro hac vice admission of
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`Mark R. Weinstein in the above-captioned proceeding. Paper 18 (“Motion”
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`or “Mot.”). Petitioner also filed a Declaration of Mr. Weinstein in support
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`of the Motion. Ex. 1127. Patent Owner has not filed an opposition to the
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`Motion.
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`We have reviewed the Motion and the accompanying Declaration of
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`Mr. Weinstein. The Motion states that there is good cause for the Board to
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`recognize Mr. Weinstein as counsel pro hac vice because Mr. Weinstein is
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`an experienced litigation attorney who has been involved in numerous
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`complex litigations in state and federal courts, and because Mr. Weinstein
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`has established familiarity with the subject matter at issue in this proceeding.
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`Mot. 1–2; see also Ex. 1127 ¶ 8. Based on the facts stated in the Motion and
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`averred in the Declaration, we conclude that Mr. Weinstein has sufficient
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`qualifications to represent Petitioner in these proceedings. The Motion is
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`hereby granted, and Mr. Weinstein will be permitted to appear pro hac vice
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`in these proceedings as back-up counsel only. See 37 C.F.R. § 42.10(c).
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`
`
`
`
`2
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`
`
`IPR2019-00925
`Patent 8,209,634 B2
`
`It is
`
`
`ORDER
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`ORDERED that Petitioner’s Motion for pro hac vice admission of
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`Mr. Mark R. Weinstein in the instant proceeding is granted;
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`FURTHER ORDERED that Mr. Weinstein will be authorized to
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`represent Petitioner as back-up counsel in the instant proceeding only;
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`FURTHER ORDERED that Petitioner is to continue to have a
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`registered practitioner as lead counsel in the instant proceeding;
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`FURTHER ORDERED that Mr. Weinstein is to comply with the
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`Office Patent Trial Practice Guide, as updated by the July 2019 Update,
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`84 Federal Register 33,925 (July 16, 2019), and the August 2018 Update,
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`83 Federal Register 39,989 (Aug. 13, 2018), and the Board’s Rules of
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`Practice for Trials, as set forth in Part 42 of Title 37, Code of Federal
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`Regulations; and
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`FURTHER ORDERED that Mr. Weinstein is subject to the USPTO
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`3
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`
`
`IPR2019-00925
`Patent 8,209,634 B2
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`PETITIONER:
`
`Heidi Keefe
`hkeefe@cooley.com
`
`Andrew Mace
`amace@cooley.com
`
`PATENT OWNER:
`
`Michael T. Hawkins
`hawkins@fr.com
`
`Sam Stake
`samstake@quinnemanuel.com
`
`Craig A. Deutsch
`deutsch@fr.com
`
`Kim Leung
`leung@fr.com
`
`Nicholas Stephens
`nstephens@fr.com
`
`Kenneth W. Darby
`kdarby@fr.com
`
`James M. Glass
`jimglass@quinnemanuel.com
`
`Ogi Zivojnovic
`ogizivojnovic@quinnemaneul.com
`
`
`
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`4
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