`571-272-7822
`
`
`Paper 24
`Entered: May 13, 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 Henning Schmidt
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2020-01449
`Patent 7,149,867 B2
`
`
`On April 27, 2021, Patent Owner filed a Motion for Admission Pro
`Hac Vice of Henning Schmidt. Paper 19 (“Motion”). Patent Owner
`supports its motion with the Declaration of Mr. Schmidt. Paper 20
`(“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. Schmidt 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. Schmidt 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. Henning Schmidt 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. Schmidt is authorized to represent
`Patent Owner only as back-up counsel in this proceeding;
`FURTHER ORDERED that Mr. Schmidt is to comply with the
`Consolidated Trial Practice Guide2 (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 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`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;3
`FURTHER ORDERED that Mr. Schmidt 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, within ten (10) business days of the date
`of this Order, Patent Owner must submit a Power of Attorney for Mr.
`Schmidt 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. Schmidt as back-up counsel.
`
`
`3 In the Declaration, Mr. Schmidt indicates compliance with the Patent
`Office Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`set forth in Part 42 of the C.F.R., as opposed to Part 42 of 37 C.F.R.
`Paper 20 ¶ 9. We deem this harmless error.
`3
`
`
`
`
`
`IPR2020-01449
`Patent 7,149,867 B2
`
`For Petitioner:
`Brian C. Nash
`Evan Finkel
`Matthew W. Hindman
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`brian.nash@pillsburylaw.com
`evan.finkel@pillsburylaw.com
`matthew.hindman@pillsburylaw.com
`
`
`For Patent Owner:
`
`Jay P. Kesan
`DIMUROGINSBERG, PC
`jay@jaykesan.com
`
`Ari Rafilson
`SHORE CHAN DEPUMPO LLP
`arafilson@shorechan.com
`
`
`
`4
`
`