`
`
`Trials@uspto.gov
`571-272-7822 Date: December 1, 2021
`
`
`
`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.
`____________
`
`IPR2021-00145
`Patent 8,812,993 B2
`____________
`
`
`
`Before MICHELLE N. ANKENBRAND, KARA L. SZPONDOWSKI, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`PER CURIUM.
`
`
`
`ORDER
`Granting Petitioner’s Motion for
`Pro Hac Vice Admission of Zachary Loney
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2021-00145
`Patent 8,812,993 B2
`
`
`On November 24, 2021, Petitioner filed a motion and supporting
`declaration for admission pro hac vice of Zachary Loney. See Paper 41;
`Ex. 1050. Petitioner states that counsel for Patent Owner does not oppose the
`motion. Paper 41, 3.
`Having reviewed the motions and declarations, we find that
`Mr. Loney has sufficient qualifications to represent Petitioner in these
`proceedings, and that Petitioner has shown good cause for admission pro
`hac vice of Mr. Loney. See Unified Patents, Inc. v. Parallel Iron, LLC,
`IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (setting forth the
`requirements for pro hac vice admission). Mr. Loney is permitted to appear
`pro hac vice as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner’s motion for admission pro hac vice of
`Zachary Loney in this proceeding is granted, and Mr. Loney is authorized to
`represent Petitioner only as back-up counsel;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Loney is to comply with the Patent
`Trial and Appeal Board’s Consolidated Trial Practice Guide (November
`2019), available at https://go.usa.gov/xpvPF, 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. Loney is 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
`
`
`
`IPR2021-00145
`Patent 8,812,993 B2
`
`
`FURTHER ORDERED that Petitioner shall submit, within ten (10)
`business days of the date of this order, a Power of Attorney for Mr. Loney in
`accordance with 37 C.F.R. § 42.10(b) in this proceeding; and
`FURTHER ORDERED that Petitioner shall file an updated mandatory
`notice in this proceeding, according to 37 C.F.R. § 42.8(b)(3), providing
`updated information regarding back-up counsel.
`
`
`
`3
`
`
`
`IPR2021-00145
`Patent 8,812,993 B2
`
`FOR PETITIONER:
`
`Walter 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:
`
`Robert Asher
`Bruce Sunstein
`Timothy M. Murphy
`SUNSTEIN LLP
`rasher@sunsteinlaw.com
`bsunstein@sunsteinlaw.com
`tmurphy@sunsteinlaw.com
`
`Philip J. Graves
`HAGENS BERMAN SOBOL SHAPIRO LLP
`philipg@hbsslaw.com
`
`4
`
`
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