`571-272-7822
`
`Paper 34
`Date: March 4, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`v.
`NEONODE SMARTPHONE LLC,
`Patent Owner.
`
`IPR2021-00144
`Patent 8,095,879 B2
`
`
`
`
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`
`
`Before MICHELLE N. ANKENBRAND, KARA L. SZPONDOWSKI, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`ANKENBRAND, Administrative Patent Judge.
`
`DECISION
`Granting Patent Owner’s Motion for
`Pro Hac Vice Admission of Nathan Nobu Lowenstein
`37 C.F.R. § 42.10
`
`
`
`
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`
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`IPR2021-00144
`Patent 8,095,879 B2
`
`INTRODUCTION
`I.
`Patent Owner filed a motion for pro hac vice admission of Nathan
`Nobu Lowenstein (Paper 33 (“Motion”)) in the above-identified proceeding.
`A supporting Declaration from Mr. Lowenstein was included as part of the
`Motion. Ex. 2004 (“Affidavit”). Patent Owner states that Petitioner does
`not oppose the Motion. Mot. 2.
`II. DISCUSSION
`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 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”)).
`Lead counsel for Patent Owner, Kenneth J. Weatherwax, a registered
`practitioner, filed the Motion. Mot. 4, 12. In the Motion, Patent Owner
`states there is good cause for the Board to recognize Mr. Lowenstein pro hac
`vice during these proceedings because he “is an experienced litigator, and
`the majority of his practice has consisted of patent litigation and other patent
`related matters such as PTAB litigations,” “has an established familiarity
`with the subject matter at issue in this proceeding,” and “has reviewed the
`Patent at issue as well as the Petition and the relevant art.” Id. at 4, 7; see
`Ex. 2004 ¶¶ 9–10, 15. Mr. Lowenstein’s Declaration also complies with the
`requirements for pro hac vice admission. Ex. 2004 ¶¶ 1–7, 11–15; see
`Unified Patents, slip op. at 3–4.
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`2
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`IPR2021-00144
`Patent 8,095,879 B2
`Having reviewed the Motion and supporting Declaration, good cause
`exists for granting admission pro hac vice to Mr. Lowenstein.
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion is granted, and Nathan Nobu Lowenstein
`is authorized to represent Patent Owner only as back-up counsel in the
`above-identified proceeding;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Patent Owner as lead counsel in the above-identified proceeding;
`FURTHER ORDERED that Mr. Lowenstein shall read the Office
`Patent Trial Practice Guide (84 Fed. Reg. 64,280 (Nov. 21, 2019)), and will
`comply with 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. Lowenstein 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).
`
`3
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`IPR2021-00144
`Patent 8,095,879 B2
`FOR PETITIONER:
`
`W. Karl Renner
`David Holt
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`holt2@fr.com
`
`Tiffany Miller
`James Heintz
`DLA PIPER LLP
`tiffany.miller@dlapiper.com
`jim.heintz@dlapiper.com
`
`
`FOR PATENT OWNER:
`
`Kenneth J. Weatherwax
`Nathan Lowenstein
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
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`4
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