`
`
`Trials@uspto.gov
`571-272-7822 Date: November 15, 2022
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`v.
`LOGANTREE, LP,
`Patent Owner.
`____________
`
`IPR2022-00037 and IPR2022-000401
`Patent 6,059,576 C1
`____________
`
`
`
`Before PATRICK R. SCANLON, MITCHELL G. WEATHERLY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`DECISION
`Granting Patent Owner’s Motion for Admission Pro Hac Vice of
`Jason McManis and Colin B. Phillips
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`1 The Parties are not authorized to use a caption that references multiple
`cases.
`
`
`
`IPR2022-00037 and IPR2022-00040
`Patent 6,059,576 C1
`
`
`On October 3, 2022, Patent Owner filed a motion for admission pro
`hac vice of Mr. Jason McManis and Mr. Colin Phillips, in the above-
`captioned proceedings. Papers 12, 132 (“Mot.”). Patent Owner indicates, on
`the title page of each Motion, that the motions are unopposed. The Motions
`rely on Declarations from Mr. McManis and Mr. Phillips. Ex. 2003, 2004. 3
`Mandatory Notices and a Power of Attorney listing each were filed.
`Papers 8, 9.
`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, IPR2013-00639, Paper 7 (PTAB 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. McManis and Mr. Phillips each has
`sufficient legal and technical qualifications to represent Patent Owner in
`these proceedings, that they have demonstrated sufficient familiarity with
`the subject matter of these proceedings, that they meet all other requirements
`
`
`2 We refer to papers and exhibits filed in IPR2022-00037. Similar papers
`and exhibits were filed in IPR2022-00040.
`3 The Declarations submitted along with the Motions, in Exhibits 2001 and
`2002, were corrected and refiled on November 3, 2022 as Exhibits 2003
`and 2004.
`
`2
`
`
`
`IPR2022-00037 and IPR2022-00040
`Patent 6,059,576 C1
`
`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.
`McManis and Mr. Phillips, who will be permitted to serve only as back-up
`counsel. See 37 C.F.R. § 42.10(c).
`
`
`ORDER
`
`It is:
`ORDERED that Patent Owner’s motion for pro hac vice admission of
`Jason McManis is granted, and Mr. McManis is authorized to represent
`Patent Owner only as back-up counsel in these proceedings;
`ORDERED that Patent Owner’s motion for pro hac vice admission of
`Colin B. Phillips is granted, and Mr. Phillips is authorized to represent
`Patent Owner only as back-up counsel in these proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in each proceeding;
`FURTHER ORDERED that Mr. McManis and Mr. Phillips are to
`comply with the Patent Trial and Appeal Board’s Consolidated Trial
`Practice Guide (November 2019), available at
`https://www.uspto.gov/TrialPracticeGuideConsolidated, 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. McManis and Mr. Phillips are
`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.
`
`3
`
`
`
`IPR2022-00037 and IPR2022-00040
`Patent 6,059,576 C1
`
`
`
`FOR PETITIONER:
`
`W. Karl Renner
`Andrew B. Patrick
`Usman A. Khan
`Kim Leung
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`patrick@fr.com
`khan@fr.com
`leung@fr.com
`
`
`FOR PATENT OWNER:
`
`David E. Warden
`Jason McManis
`Colin Phillips
`AHMAD, ZAVITSANOS & MENSING P.C
`dwarden@azalaw.com
`jmcmanis@azalaw.com
`cphillips@azalaw.com
`
`
`
`
`4
`
`
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