throbber
Trials@uspto.gov Paper No. 20
`571.272.7822
`
`
` Entered: November 13, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`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
`
`
`
`
`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.
`
`
`
`

`

`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
`
`Mark R. Weinstein in the above-captioned proceeding. Paper 18 (“Motion”
`
`or “Mot.”). Petitioner also filed a Declaration of Mr. Weinstein in support
`
`of the Motion. Ex. 1127. Patent Owner has not filed an opposition to the
`
`Motion.
`
`We have reviewed the Motion and the accompanying Declaration of
`
`Mr. Weinstein. The Motion states that there is good cause for the Board to
`
`recognize Mr. Weinstein as counsel pro hac vice because Mr. Weinstein is
`
`an experienced litigation attorney who has been involved in numerous
`
`complex litigations in state and federal courts, and because Mr. Weinstein
`
`has established familiarity with the subject matter at issue in this proceeding.
`
`Mot. 1–2; see also Ex. 1127 ¶ 8. Based on the facts stated in the Motion and
`
`averred in the Declaration, we conclude that Mr. Weinstein has sufficient
`
`qualifications to represent Petitioner in these proceedings. The Motion is
`
`hereby granted, and Mr. Weinstein will be permitted to appear pro hac vice
`
`in these proceedings as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`
`
`
`
`2
`
`

`

`IPR2019-00925
`Patent 8,209,634 B2
`
`It is
`
`
`ORDER
`
`ORDERED that Petitioner’s Motion for pro hac vice admission of
`
`Mr. Mark R. Weinstein in the instant proceeding is granted;
`
`FURTHER ORDERED that Mr. Weinstein will be authorized to
`
`represent Petitioner as back-up counsel in the instant proceeding only;
`
`FURTHER ORDERED that Petitioner is to continue to have a
`
`registered practitioner as lead counsel in the instant proceeding;
`
`FURTHER ORDERED that Mr. Weinstein is to comply with the
`
`Office Patent Trial Practice Guide, as updated by the July 2019 Update,
`
`84 Federal Register 33,925 (July 16, 2019), and 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; and
`
`FURTHER ORDERED that Mr. Weinstein is subject to the USPTO
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`3
`
`

`

`IPR2019-00925
`Patent 8,209,634 B2
`
`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
`
`
`
`
`
`4
`
`

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