`571-272-7822
`
`Paper 28
`Entered: March 28, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE LLC,
`Petitioner,
`v.
`NEONODE SMARTPHONE LLC,
`Patent Owner.
`
`IPR2021-01041
`Patent 8,095,879 B2
`
`
`
`
`
`
`
`
`
`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
`
`
`
`
`
`
`
`
`
`IPR2021-01041
`Patent 8,095,879 B2
`
`INTRODUCTION
`I.
`Patent Owner filed a motion for pro hac vice admission of Nathan
`Nobu Lowenstein (Paper 25 (“Motion”)) in the above-identified proceeding.
`A supporting Declaration from Mr. Lowenstein was included as part of the
`Motion. Ex. 2018 (“Affidavit”). Patent Owner states that “Petitioner takes
`no position on this motion.” Mot. 3.
`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, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013)
`(representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`Lead counsel for Patent Owner, Kenneth J. Weatherwax, a registered
`practitioner, filed the Motion. Mot. 5, 14. 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 5, 8; see
`Ex. 2018 ¶¶ 9–10, 15. Mr. Lowenstein’s Declaration also complies with the
`requirements for pro hac vice admission. Ex. 2018 ¶¶ 1–7, 11–15; see
`Unified Patents, Paper 7 at 3–4.
`
`2
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`
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`IPR2021-01041
`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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`
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`IPR2021-01041
`Patent 8,095,879 B2
`FOR PETITIONER:
`
`Erika Harmon Arner
`Kevin D. Rodkey
`Yi Yu
`Wei Yuan
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`kevin.rodkey@finnegan.com
`yi.yu@finnegan.com
`wei.yuan@finnegan.com
`
`FOR PATENT OWNER:
`
`Kenneth J. Weatherwax
`Parham Hendifar
`Patrick Maloney
`Vinson Lin
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`lin@lowensteinweatherwax.com
`
`Philip Graves
`HAGENS BERMAN SOBOL SHAPIRO LLP
`philipg@hbsslaw.com
`
`4
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