`571-272-7822
`
`
`Paper 15
`Entered: March 3, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`FG SRC LLC,
`Patent Owner.
`____________
`
`IPR2020-01449
`Patent 7,149,867 B2
`____________
`
`Before KALYAN K. DESHPANDE, GREGG I. ANDERSON, and
`KARA L. SZPONDOWSKI, Administrative Patent Judges.
`
`SZPONDOWSKI, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion for Admission
`Pro Hac Vice of Cecil E. Key
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2020-01449
`Patent 7,149,867 B2
`
`
`On September 1, 2020, Patent Owner filed a Motion for Admission
`Pro Hac Vice of Cecil E. Key. Paper 6 (“Motion”). Patent Owner supports
`its Motion with the Declaration of Mr. Key. Paper 7 (“Declaration”).1
`Petitioner has not filed an opposition to the Motion. For the reasons
`provided below, Patent Owner’s Motion is granted.
`Upon review of the record before us, we determine that the
`requirements of 37 C.F.R. § 42.10 have been met, and that Patent Owner has
`established that there is good cause to admit Mr. Key pro hac vice in this
`proceeding. See 37 C.F.R. § 42.10(c); see also Unified Patents, Inc. v.
`Parallel Iron, LLC, IPR2013-00639, Order Authorizing Motion for Pro Hac
`Vice Admission, Paper 7 (October 15, 2003) (setting forth requirements for
`pro hac vice admission). Patent Owner must submit a Power of Attorney for
`Mr. Key in accordance with 37 C.F.R. § 42.10(b), and must update its
`Mandatory Notices as required by 37 C.F.R. § 42.8(b)(3).
`Accordingly, it is:
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`Mr. Cecil E. Key is granted;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Mr. Key is authorized to represent Patent
`Owner only as back-up counsel in this proceeding;
`FURTHER ORDERED that Mr. Key is to comply with the
`Consolidated Trial Practice Guide (84 Fed. Reg. 64,280 (Nov. 21, 2019)),
`
`
`1 Patent Owner filed the Declaration as a Paper. Patent Owner is reminded
`that affidavits and declarations must be filed as exhibits so that they may be
`referenced individually by exhibit number. See 37 C.F.R. § 42.63.
`2
`
`
`
`
`
`IPR2020-01449
`Patent 7,149,867 B2
`
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of Title
`37, Code of Federal Regulations;
`FURTHER ORDERED that Mr. Key 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.;
`FURTHER ORDERED that Patent Owner must submit a Power of
`Attorney for Mr. Key in this proceeding in accordance with 37 C.F.R.
`§ 42.10(b); and
`
`FURTHER ORDERED that Patent Owner shall file an updated
`Mandatory Notice in this proceeding in accordance with
`37 C.F.R. § 42.8(b)(3), identifying Mr. Key as back-up counsel.
`
`
`
`
`
`3
`
`
`
`IPR2020-01449
`Patent 7,149,867 B2
`
`FOR PETITIONER:
`
`
`Brian Nash
`Evan Finkel
`Matthew Hindman
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`Brian.nash@pillsburylaw.com
`Evan.finkel@pillsburylaw.com
`Matthew.hindman@pillsburylaw.com
`
`
`FOR PATENT OWNER:
`
`
`Jay Kesan
`DiMURO GINSBERG PC
`jay@jaykesan.com
`
`Ari Rafilson
`SHORE CHAN DEPUMPO LLP
`arafilson@shorechan.com
`
`
`
`
`
`4
`
`