`571-272-7822
`
`Paper 29
`Date: March 10, 2021
`
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner.
`
`
` IPR2020-00200 (Patent 10,084,991 B2)
` IPR2020-00202 (Patent 10,212,586 B2)
`IPR2020-00204 (Patent 6,928,306 B2)1
`
`
`
`
`Before MICHAEL R. ZECHER, KEVIN C. TROCK, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motions for
`Admission Pro Hac Vice of Michael L. Lindinger
`37 C.F.R. § 42.10(c)
`
`
`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.
`
`
`
`IPR2020-00200 (Patent 10,084,991 B2)
`IPR2020-00202 (Patent 10,212,586 B2)
`IPR2020-00204 (Patent 6,928,306 B2)
`
`
`Patent Owner submitted a Motion for pro hac vice admission of
`Michael L. Lindinger in each of the above-identified proceedings. Paper 28
`(“Motions”).2 The Motions are supported by Declarations of Mr. Lindinger.
`Ex. 2032 (“Declarations”). Although the Motions are titled as “Unopposed,”
`the substantive portions of the Motions do not provide any statement or
`explanation as to how they are “Unopposed.” Nonetheless, Petitioner did
`not oppose any of the Motions within the requisite time period.
`In accordance with 37 C.F.R. § 42.10(c), we may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause. In
`authorizing a motion for pro hac vice admission, the Board requires the
`moving party to provide 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 the proceeding. See Paper 5, 2 (citing
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639, Paper 7
`(PTAB Oct. 15, 2013) (representative “Order – Authorizing Motion for Pro
`Hac Vice Admission”)).
`Having reviewed the Motions and supporting Declarations, we
`determine good cause exists for granting admission pro hac vice to
`Mr. Lindinger.
`It is, therefore,
`ORDERED that Patent Owner’s Motions for admission pro hac vice
`of Michael L. Lindinger are granted;
`
`
`2 Paper and exhibit numbers refer to IPR2020-00200. A corresponding
`Motion and Declaration were filed in each of IPR2020-00202 and IPR2020-
`00204.
`
`2
`
`
`
`IPR2020-00200 (Patent 10,084,991 B2)
`IPR2020-00202 (Patent 10,212,586 B2)
`IPR2020-00204 (Patent 6,928,306 B2)
`
`
`FURTHER ORDERED that Mr. Lindinger is authorized to represent
`Patent Owner only as back-up counsel in the above-identified proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Patent Owner must file, within ten (10)
`business days, a power of attorney for Mr. Lindinger in the above-identified
`proceedings in accordance with 37 C.F.R. § 42.10(b);3
`FURTHER ORDERED that Patent Owner shall submit an updated
`mandatory notice identifying Mr. Lindinger as back-up counsel in the above-
`identified proceedings, in accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Mr. Lindinger shall comply with the
`Office’s America Invents Act (AIA) 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 Mr. Lindinger shall be 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 Patent Owner’s power of attorney appoints “Practitioner(s) at Mayer Brown
`LLP associated with Customer Number 26565, as my attorney(s).” Paper 3,
`ii. Mr. Lindinger, however, is not associated with customer number 26565.
`
`3
`
`
`
`IPR2020-00200 (Patent 10,084,991 B2)
`IPR2020-00202 (Patent 10,212,586 B2)
`IPR2020-00204 (Patent 6,928,306 B2)
`
`
`
`
`For PETITIONER:
`
`Adam Seitz
`Jennifer Bailey
`Robin Snader
`Paul Hart
`ERISE IP, P.A.
`adam.seitz@eriseip.com
`robin.snader@eriseip.com
`jennifer.bailey@eriseip.com
`paul.hart@eriseip.com
`
`For PATENT OWNER:
`
`Robert Pluta
`Amanda Bonner
`Luiz Miranda
`James Fussell
`Saqib Siddiqui
`William Barrow
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`lmiranda@mayerbrown.com
`jfussell@mayerbrown.com
`ssiddiqui@mayerbrown.com
`wbarrow@mayerbrown.com
`
`4
`
`
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