throbber
Trials@uspto.gov
`571-272-7822
`
`Paper: 28
`Entered: March 7, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CLOUDFLARE, INC.,
`Petitioner,
`
`v.
`
`SABLE NETWORKS, INC.,
`Patent Owner.
`____________
`
`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`____________
`
`
`
`Before STACEY G. WHITE, GARTH D. BAER, SCOTT B. HOWARD,
`and JULIET MITCHELL DIRBA, Administrative Patent Judges.1
`
`DIRBA, Administrative Patent Judge.
`
`
`DECISION2
`Granting Patent Owner’s Motions for Admission Pro Hac Vice
`of Daniel P. Hipskind and Erin McCracken
`37 C.F.R. § 42.10
`
`
`
`
`1 This is not a decision by an expanded panel. The four judges are paneled
`in various groups of three in the identified proceedings.
`2 This Order addresses overlapping issues in the cases listed above.
`Therefore, we issue one Order to be filed in each case. The parties,
`however, are not authorized to use this style of filing.
`
`

`

`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`
`
`Sable Networks, Inc. (“Patent Owner”) filed Motions for Admission
`Pro Hac Vice of Daniel P. Hipskind and Erin McCracken in each of the
`above-identified proceedings. IPR2021-00909, Papers 193 and 25;
`IPR2021-00969, Papers 21 and 22 (collectively “Motions”). Patent Owner
`also filed Declarations of Daniel P. Hipskind and Erin McCracken in support
`of the Motions. IPR2021-00909, Exs. 2004 and 2005; IPR2021-00969,
`Exs. 2005 and 2006 (collectively “Declarations”). Patent Owner attests that
`Petitioner does not oppose the Motions. Paper 19, 1; Paper 25, 1. For the
`reasons provided below, Patent Owner’s Motions are granted.
`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause, subject to
`the condition that lead counsel be a registered practitioner. In its notice
`authorizing motions for pro hac vice admission, the Board requires 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 this 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”)).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Hipskind and Ms. McCracken each have
`sufficient legal and technical qualifications to represent Patent Owner in the
`above-identified proceedings, that Mr. Hipskind and Ms. McCracken have
`each demonstrated sufficient familiarity with the subject matter of these
`
`
`3 Paper 19 appears to have been refiled as Paper 24.
`2
`
`
`
`

`

`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`
`proceedings, that Mr. Hipskind and Ms. McCracken meet all other
`requirements for admission pro hac vice, and that Patent Owner’s intent to
`be represented by counsel with litigation experience is warranted.
`Accordingly, Patent Owner has established good cause for pro hac vice
`admission of Mr. Hipskind and Ms. McCracken. Mr. Hipskind and Ms.
`McCracken will be permitted to serve as back-up counsel only. See
`37 C.F.R. § 42.10(c).
`We note that Patent Owner has filed a Power of Attorney including
`Mr. Hipskind and Ms. McCracken in accordance with 37 C.F.R. § 42.10(b).
`IPR2021-00909, Papers 6 and 7; IPR2021-00969, Papers 6 and 7. Patent
`Owner has also filed Mandatory Notices identifying Mr. Hipskind and Ms.
`McCracken as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3).
`IPR2021-00909, Paper 5, 4; IPR2021-00969, Paper 5, 4.
`
`
`ORDER
`
`It is:
`ORDERED that Patent Owner’s Motions for Pro Hac Vice Admission
`of Daniel P. Hipskind and Erin McCracken are granted;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Hipskind and Ms. McCracken are
`authorized to represent Patent Owner only as back-up counsel in the above-
`identified proceedings;
`
`
`
`3
`
`

`

`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`
`
`FURTHER ORDERED that Mr. Hipskind and Ms. McCracken are to
`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, Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Hipskind and Ms. McCracken 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.
`
`
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`4
`
`
`
`

`

`IPR2021-00909 (Patent 8,243,593 B2)
`IPR2021-00969 (Patent 6,977,932 B1)
`
`PETITIONER:
`
`James Day
`Daniel Callaway
`Winston Liaw
`FARELLA BRAUN + MARTEL LLP
`jday@fbm.com
`dcallaway@fbm.com
`wliaw@fbm.com
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`
`
`
`5
`
`

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