`571-272-7822
`
`____
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` Paper: 19
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` Entered: September 9, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`NEODRON LTD.,
`Patent Owner.
`
`IPR2020-00267
`Patent 8,432,173 B2
`
`
`
`
`
`
`
`
`
`Before MIRIAM L. QUINN, PATRICK M. BOUCHER, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`OGDEN, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motion for Pro Hac Vice
`Admission of Christian W. Conkle
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2020-00267
`Patent 8,432,173 B2
`
`
`Patent Owner filed a Motion for pro hac vice admission of Christian
`W. Conkle. Paper 14 (“Motion” or “Mot.”). Patent Owner also filed a
`Declaration of Mr. Conkle in support of the Motion. Paper 15.1 Patent
`Owner represents that Petitioner does not oppose the Motion. Mot. 1, 2.
`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. The Motion states
`that there is good cause for the Board to recognize Mr. Conkle as counsel
`pro hac vice because Mr. Conkle is an experienced litigation attorney and
`because Mr. Conkle has established familiarity with the subject matter at
`issue in the instant proceeding. Mot. 1–2; see also Paper 15 ¶¶ 8, 9.
`Based on the facts stated in the Motion and averred in the Declaration,
`we conclude that Mr. Conkle has sufficient qualifications to represent Patent
`Owner in the instant proceeding. The Motion is hereby granted, and
`Mr. Conkle will be permitted to appear pro hac vice in the instant proceeding
`as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that Patent Owner filed a power of attorney for Mr. Conkle.
`Paper 17, 2. Additionally, Patent Owner’s mandatory notices have been
`updated to include Mr. Conkle. Paper 16, 3.
`
`
`
`1 Patent Owner filed the Declaration as a Paper (Paper 15) in the Patent Trial
`and Appeal Board End to End (PTAB E2E) system. The parties are reminded
`that affidavits and declarations must be filed as exhibits, so they may be
`referenced individually by exhibit number. See 37 C.F.R. § 42.63.
`
`
`2
`
`
`
`IPR2020-00267
`Patent 8,432,173 B2
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`Christian W. Conkle is granted;
`
`FURTHER ORDERED that Mr. Conkle is authorized to represent
`Patent Owner only as back-up counsel in the instant proceeding;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel in the instant proceeding;
`FURTHER ORDERED that Mr. Conkle shall comply with the Office
`Patent Trial Practice Guide2 (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. Conkle shall be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.
`
`
`
`
`
`
`
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`IPR2020-00267
`Patent 8,432,173 B2
`
`For PETITIONER:
`Marc Pensabene
`mpensabene@omm.com
`
`Nicholas Whilt
`nwhilt@omm.com
`
`Ben Haber
`bhaber@irell.com
`
`For PATENT OWNER:
`
`Kent Shum
`kshum@raklaw.com
`
`Neil Rubin
`nrubin@raklaw.com
`
`
`4
`
`
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