Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 23
`Entered: July 29, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLIED MATERIALS, INC.,
`Petitioner,
`
`v.
`
`DEMARAY LLC,
`Patent Owner.
`____________
`
`IPR2021-00103 (Patent 7,544,276 B2)
` IPR2021-00104 (Patent 7,381,657 B2)1
`____________
`
`Before CHRISTOPHER L. CRUMBLEY and KRISTINA M. KALAN,
`Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motion for Pro Hac Vice
`Admission of Darish Huynh
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses the same issue in each of the above-identified
`proceedings. Therefore, we exercise our discretion to issue one order to be
`filed in each proceeding. The parties, however, are not authorized to use this
`style heading in any subsequent papers.
`
`

`

`IPR2021-00103 (Patent 7,544,276 B2)
`IPR2021-00104 (Patent 7,381,657 B2)
`
`
`Patent Owner filed a Motion for pro hac vice admission of Darish
`Huynh (Paper 21, “Mot.”) as well as a supporting Declaration from
`Mr. Huynh (Ex. 2008) in each of the above-listed proceedings.2 Patent
`Owner asserts that Petitioner does not oppose the Motion. Mot. 4. For the
`following reasons, the Motion is granted.
`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 its
`notice authorizing motions 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 4, 2 (citing Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-
`00639, Paper 7 (PTAB Oct. 15, 2013) (representative “Order – Authorizing
`Motion for Pro Hac Vice Admission”)).
`Having reviewed the Motion and supporting Declaration,3 good cause
`exists for granting admission pro hac vice to Mr. Huynh.
`
`
`2 Our citations to Papers and Exhibits are to those filed in IPR2021-00103.
`Similar Papers and Exhibits were filed in IPR2021-00104.
`3 In his declaration, Mr. Huynh states “I have appeared never appeared
`pro hac vice before the United States Patent and Trademark Office.”
`Exhibit 2008 ¶ 10 (underlining added). The declaration does not identify
`any cases before the USPTO in which Mr. Huynh has appeared pro hac vice.
`See Unified Patents, Paper 7 at 3 (the declaration must attest to “[a]ll other
`proceedings before the Office for which the individual has applied to appear
`pro hac vice in the last three (3) years”). Accordingly, we treat the
`underlined inclusion of “appeared” as a typographical error, i.e., as though
`omitted. If this interpretation is incorrect and Mr. Hunyh has appeared pro
`hac vice before the Office in the last three years, he must file a corrected
`Declaration with the Board.
`
`2
`
`

`

`IPR2021-00103 (Patent 7,544,276 B2)
`IPR2021-00104 (Patent 7,381,657 B2)
`
`
`Accordingly, it is:
`ORDERED that the Motion is granted and Mr. Huynh is authorized to
`represent Patent Owner as back-up counsel in each of the above-listed
`proceedings;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Patent Owner as lead counsel in each of the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Huynh shall comply with the
`Consolidated Trial Practice Guide4 (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
`of the Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Huynh is 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);
`FURTHER ORDERED that Patent Owner must file, within ten (10)
`business days of the date of this order, updated Mandatory Notices
`identifying Mr. Huynh as back-up counsel under 37 C.F.R. § 42.8(b)(3); and
`FURTHER ORDERED that Patent Owner shall submit, within
`ten (10) business days of the date of this order, a Power of Attorney for
`Mr. Huynh in accordance with 37 C.F.R. § 42.10(b).
`
`
`
`
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`3
`
`

`

`IPR2021-00103 (Patent 7,544,276 B2)
`IPR2021-00104 (Patent 7,381,657 B2)
`
`
`PETITIONER:
`
`Naveen Modi
`Joseph Palys
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`
`
`PATENT OWNER:
`
`Hong Zhong
`Benjamin Hattenbach
`Crawford Wells
`IRELL & MANELLA LLP
`hzhong@irell.com
`bhattenbach@irell.com
`mwells@irell.com
`
`
`4
`
`