`571-272-7822
`
`PAPER 13
`DATE June 4. 2021
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`EDWARDS LIFESCIENCES CORPORATION AND
`EDWARDS LIFESCIENCES LLC,
`Petitioner,
`v.
`COLIBRI HEARTVALVE LLC,
`Patent Owner.
`
`IPR2020-01649
`Patent 9,125,739 B2
`
`Before ERICA A. FRANKLIN, JAMES A. TARTAL, and
`ERIC C. JESCHKE, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Petitioner’s Motion for Pro Hac Vice Admission of
`Megan E. Dellinger
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`IPR2020-01649
`Patent 9,125,739 B2
`
`DISCUSSION
`Edwards Lifesciences Corporation and Edwards Lifesciences LLC
`(“Petitioner”) filed a motion for pro hac vice admission of Megan E.
`Dellinger. Paper 12 (“Motion”). The Motion is accompanied by a
`Declaration of Ms. Dellinger. Ex. 1033 (“Declaration”). Petitioner indicates
`the Motion is unopposed. Motion, 3.
`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 3, 2 (citing
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB
`Oct. 15, 2013) (Paper 7) (representative “Order – Authorizing Motion for
`Pro Hac Vice Admission”)) (“Notice”).
`In the Motion, Petitioner states that there is good cause for the Board
`to recognize Ms. Dellinger pro hac vice during this proceeding. Motion, 4.
`Petitioner states that Ms. Dellinger is an experienced litigation attorney with
`“an established familiarity with the subject matter at issue in this
`proceeding.” Id. at 2. The Declaration supports the Motion and complies
`with the requirements set forth in the Notice. See Ex. 1033 ¶¶ 1–10.
`Having reviewed the Motion and declaration, we conclude that
`Ms. Dellinger has sufficient qualifications and familiarity with the subject
`matter at issue in this proceeding, and that there is a need for Petitioner to
`have counsel with that experience. See, e.g., Motion, 1–3. Petitioner
`therefore has established good cause for admitting Ms. Dellinger pro hac
`vice in the above-captioned proceeding.
`
`
`2
`
`
`
`IPR2020-01649
`Patent 9,125,739 B2
`
`ORDER
`
`It is:
`ORDERED that Petitioner’s motion for pro hac vice admission of
`Megan E. Dellinger is granted, and Ms. Dellinger is authorized to represent
`Petitioner only as back-up counsel in this proceeding;
`FURTHER ORDERED that Petitioner must file, within ten (10)
`business days, updated mandatory notices identifying Ms. Dellinger as back-
`up counsel in this proceeding in accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Petitioner must file, within ten (10)
`business days, a power of attorney for Ms. Dellinger in this proceeding in
`accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that Ms. Dellinger shall comply with the
`Board’s Consolidated Trial Practice Guide1 (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 Ms. Dellinger shall be subject to the
`USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the
`USPTO’s Rules of Professional Conduct set forth at 37 C.F.R. §§ 11.101–
`11.901.2
`
`
`
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`2 Ms. Dellinger declares she will be “subject to the USPTO Code of
`Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq.,” rather
`than the USPTO Rules of Professional Conduct set forth in 37 C.F.R.
`§§ 11.101 et seq. Ex. 1033 ¶ 8. We deem this to be harmless error.
`
`3
`
`
`
`IPR2020-01649
`Patent 9,125,739 B2
`PETITIONER:
`Brian P. Egan
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`began@mnat.com
`
`Gregory S. Cordrey
`JEFFER MANGELS BUTLER & MITCHELL, LLP
`gxc@jmbm.com
`
`PATENT OWNER:
`
`Sarah E. Spires
`Paul J. Skiermont
`SKIERMONT DERBY LLP
`sspires@skiermontderby.com
`pskiermont@skiermontderby.com
`
`4
`
`
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