`571-272-7822
`
`
`
`
`Paper: 16
`Entered: April 8, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HYUNDAI MOTOR AMERICA,
`Petitioner,
`
`v.
`
`STRATOSAUDIO, INC.,
`Patent Owner.
`____________
`
`IPR2021-01267 (Patent 8,166,081 B2)
`IPR2021-01303 (Patent 8,688,028 B2)
`IPR2021-01305 (Patent 8,903,307 B2)
`IPR2021-01371 (Patent 8,200,203 B1)1
`____________
`
`Before JUSTIN T. ARBES, HYUN J. JUNG, and KEVIN C. TROCK,
`Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Petitioner’s Motions for Pro Hac Vice
`Admission of Bradley M. Berg
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order applies to each of the listed proceedings. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2021-01267 (Patent 8,166,081 B2)
`IPR2021-01303 (Patent 8,688,028 B2)
`IPR2021-01305 (Patent 8,903,307 B2)
`IPR2021-01371 (Patent 8,200,203 B1)
`
`
`Petitioner filed a Motion for pro hac vice admission of Bradley M.
`Berg (Paper 15 (“Motion”)), 2 as well as a supporting declaration from Mr.
`Berg (Exhibit 1024 (“Declaration”)) in each of the above-listed proceedings.
`Patent Owner did not oppose the Motion within the requisite time period.
`For the reasons discussed below, Petitioner’s Motions are granted.
`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, subject to
`the condition that lead counsel be a registered practitioner. The
`representative Order authorizing motions for pro hac vice admission requires
`a statement of facts showing there is good cause for us to recognize counsel
`pro hac vice, and an affidavit or declaration of the individual seeking to
`appear. See Paper 3, 2 (citing Unified Patents, Inc. v. Parallel Iron, LLC,
`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. Berg has sufficient legal and technical
`qualifications to represent Petitioner in these proceedings, that Mr. Berg has
`demonstrated sufficient familiarity with the subject matter of these
`proceedings, 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. Berg. Mr. Berg will be
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`2 For purposes of expediency, we cite to Papers and Exhibits filed in
`IPR2021-01267. Petitioner filed a similar Motion and Exhibit in each of
`IPR2021-01303, IPR2021-01305, and IPR2021-01371.
`
`2
`
`
`
`IPR2021-01267 (Patent 8,166,081 B2)
`IPR2021-01303 (Patent 8,688,028 B2)
`IPR2021-01305 (Patent 8,903,307 B2)
`IPR2021-01371 (Patent 8,200,203 B1)
`
`
`Accordingly, it is
`ORDERED that Petitioner’s Motion for Pro Hac Vice Admission of
`Bradley M. Berg in each of the above-captioned proceedings is granted;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel in the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Berg is authorized to represent
`Petitioner only as back-up counsel in the above-identified proceedings;
`FURTHER ORDERED that Petitioner shall submit, within ten (10)
`business days of the date of this order, a Power of Attorney for Mr. Berg in
`accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Petitioner shall submit an updated
`mandatory notice identifying Mr. Berg as back-up counsel in each of the
`above-identified proceedings, in accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Mr. Berg is to comply with the Office
`Patent Trial Practice Guide3 (84 Fed. Reg. 64,280 (Nov. 21, 2019)), and the
`Board’s Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.; and
`FURTHER ORDERED that that Mr. Berg 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.
`
`
`
`3 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`IPR2021-01267 (Patent 8,166,081 B2)
`IPR2021-01303 (Patent 8,688,028 B2)
`IPR2021-01305 (Patent 8,903,307 B2)
`IPR2021-01371 (Patent 8,200,203 B1)
`
`PETITIONER:
`
`Ryan Yagura
`Nicholas J. Whilt
`Caitlin Hogan
`Clarence A. Rowland
`O’MELVENY & MYERS LLP
`ryagura@omm.com
`nwhilt@omm.com
`chogan@omm.com
`crowland@omm.com
`
`PATENT OWNER:
`
`John Scheibeler
`Jonathan Lamberson
`Ashley T. Brzezinski
`WHITE & CASE LLP
`jscheibeler@whitecase.com
`jonathan.lamberson@whitecase.com
`ashley.brzezinski@whitecase.com
`
`4
`
`
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