`571-272-7822
`
`
`
`
`Paper: 14
`Entered: March 16, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ADVANCED MICRO DEVICES, INC.,
`Petitioner,
`
`v.
`
`AQUILA INNOVATIONS INC.,
`Patent Owner.
`____________
`
`Case IPR2019-01525 (Patent 6,239,614 B1)
`Case IPR2019-01526 (Patent 6,895,519 B2)1
`____________
`
`Before SALLY C. MEDLEY, DENISE M. POTHIER, and
`AMBER L. HAGY, Administrative Patent Judges.
`
`POTHIER, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motions for Pro Hac Vice
`Admission of Robert E. Freitas
`37 C.F.R. § 42.10
`
`
`
`
`1 We exercise our discretion to issue one Order to be entered in each
`proceeding. The parties are not authorized to use a multiple-case caption.
`
`
`
`IPR2018-01525 (Patent 6,239,614 B1)
`IPR2018-01526 (Patent 6,895,519 B2)
`
`
`Patent Owner filed a Motion for Pro Hac Vice Admission of Robert
`E. Freitas (Paper 7 (“Motion”))2 as well as a supporting Declaration of
`Robert E. Freitas (Paper 8 (“Declaration”))3 in each of the above-listed
`proceedings. The Motions are unopposed. Upon review of the record
`before us, and for the reasons set forth below, Patent Owner’s Motions are
`granted.
`Pursuant to 37 C.F.R. § 42.10(c), the Board 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. In its notice
`authorizing motions for pro hac vice admission, the Board requires a
`statement of facts showing there is good cause for the Board to recognize
`counsel pro hac vice and an affidavit or declaration of the individual seeking
`to appear in this proceeding. See Unified Patents, Inc. v. Parallel Iron, LLC,
`IPR2013-00639, Paper 7 at 3 (PTAB Oct. 15, 2013) (Order – Authorizing
`Motion for Pro Hac Vice Admission).
`In the Motions, Patent Owner states there is good cause for the Board
`to recognize Mr. Freitas pro hac vice during these proceedings because “Mr.
`Freitas is an experienced litigation attorney, and has served as counsel in
`numerous patent infringement cases in various district courts and the
`International Trade Commission,” is lead counsel for Patent Owner in
`
`
`2 Our citations to papers will be to those filed in IPR2019-01525. Similar
`papers were filed in IPR2019-01526.
`3 Patent Owner filed the Declarations as papers instead of as exhibits. We
`determine this to be a harmless error. The parties are 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
`
`
`
`IPR2018-01525 (Patent 6,239,614 B1)
`IPR2018-01526 (Patent 6,895,519 B2)
`
`co-pending litigation involving the challenged patents, and has established
`familiarity with the subject matter in these proceedings. Motion 2–3. Each
`Motion is accompanied by Mr. Freitas’s declaration, attesting to items set
`forth in Unified Patents, Paper 7 at 3. Declaration 1–3.
`Accordingly, Patent Owner has established good cause for pro hac
`vice admission of Mr. Freitas. Mr. Freitas will be permitted to serve as
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`Accordingly, it is:
`ORDERED that the Motions for Pro Hac Vice Admission of Robert
`E. Freitas are granted;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Patent Owner as lead counsel in the above-listed proceedings;
`FURTHER ORDERED that Mr. Freitas is authorized to represent
`Patent Owner only as back-up counsel in these proceedings;
`FURTHER ORDERED that Mr. Freitas shall comply with the Office
`Patent Trial Practice Guide, as updated by the Consolidated Trial Practice
`Guide (“Consolidated Practice Guide”), available at
`https://www.uspto.gov/TrialPracticeGuideConsolidated; see also 84 Fed.
`Reg. 64,280 (Nov. 21, 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 that Mr. Freitas is subject to the
`USPTO’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`seq. and to the USPTO’s disciplinary jurisdiction under 37 C.F.R.
`§ 11.19(a).
`
`
`3
`
`
`
`IPR2018-01525 (Patent 6,239,614 B1)
`IPR2018-01526 (Patent 6,895,519 B2)
`
`PETITIONER:
`
`Michael D. Specht
`Christopher R. O’Brien
`Wenchong Shu
`Michael B. Ray
`Jonathan Tuminaro
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`mspecht-ptab@sternekessler.com
`cobrien-ptab@sternekessler.com
`wshu-ptab@sternekessler.com
`mray-ptab@sternekessler.com
`jtuminar-ptab@sternekessler.com
`
`
`PATENT OWNER:
`
`Jing H. Cherng
`FREITAS & WEINBERG LLP
`gcherng@fawlaw.com
`
`4
`
`
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