`Tel: 571-272-7822
`
`
`
`
` Paper 26
`Entered: March 22, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`ALIVECOR, INC.,
`Patent Owner.
`
`
`IPR2021-00970 (Patent 9,572,499 B2)
`IPR2021-00971 (Patent 10,595,731 B2)
`IPR2021-00972 (Patent 10,638,941 B2)
`
`
`
`
`Before ROBERT A. POLLOCK, ERIC C. JESCHKE, and DAVID COTTA,
`Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Motion for Pro Hac Vice Admission of
`Noah C. Graubart
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`IPR2021-00970 (Patent 9,572,499 B2)
`IPR2021-00971 (Patent 10,595,731 B2)
`IPR2021-00972 (Patent 10,638,941 B2)
`
`
`On March 9, 2022, Apple, Inc. (“Petitioner”) filed a motion for pro
`hac vice admission of Noah C. Graubart in each of the above-identified
`proceedings. Paper 22 (“Motion”). 1 Petitioner also filed a declaration from
`Mr. Graubart in support of the Motion in each case. Ex. 1059. Patent
`Owner has not filed an opposition to the Motions.
`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 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”)).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Graubart has sufficient legal and
`technical qualifications to represent Petitioner in the above-identified
`proceedings, that Mr. Graubart has demonstrated sufficient familiarity with
`the subject matter of these proceedings, that Mr. Graubart meets all other
`requirements for admission pro hac vice, and that Petitioner’s intent to be
`represented by counsel with litigation experience is warranted. Accordingly,
`Petitioner has established good cause for pro hac vice admission of Mr.
`
`
`1 For purposes of expediency, we cite to Papers filed in IPR2021-00970.
`Petitioner filed similar Motions in IPR2021-00971 and IPR2021-00972.
`
`
`
`IPR2021-00970 (Patent 9,572,499 B2)
`IPR2021-00971 (Patent 10,595,731 B2)
`IPR2021-00972 (Patent 10,638,941 B2)
`
`Graubart. Mr. Graubart will be permitted to serve as back-up counsel only.
`See 37 C.F.R. § 42.10(c).
`It is, therefore,
`ORDERED that the Motion for Pro Hac Vice Admission of Noah C.
`Graubart is granted and Mr. Graubart is authorized to represent Petitioner
`only as back-up counsel in this proceeding;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Petitioner as lead counsel in the above-listed proceeding;
`FURTHER ORDERED that Mr. Graubart shall comply with the
`Office Patent Trial Practice Guide, as updated by the Consolidated Office
`Patent Trial Practice Guide (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; 2 and
`FURTHER ORDERED that that Graubart 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).
`
`
`
`
`2 The Declarations state that “I have read and will comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
`forth in part 42 of the Code of Federal Regulations.” Ex. 1059 ¶ 5. The
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials are set forth in Part 42 of Title 37, Code of Federal Regulations. We
`deem this harmless error.
`
`
`
`IPR2021-00970 (Patent 9,572,499 B2)
`IPR2021-00971 (Patent 10,595,731 B2)
`IPR2021-00972 (Patent 10,638,941 B2)
`
`PETITIONER:
`
`Walter Renner
`Jeremy Monaldo
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`
`PATENT OWNER:
`James M. Glass
`Andrew M. Holmes
`John W. McCauley
`Quinn Emanuel Urquhart & Sullivan LLP
`jimglass@quinnemanuel.com
`drewholmes@quinnemanuel.com
`johnmccauley@quinnemanuel.com
`
`
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