`Trials@uspto.gov
`571-272-7822 Entered: November 21, 2022
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`____________
`
`IPR2022-00118 (Patent 10,804,740 B2)
` IPR2022-00120 (Patent 9,997,962 B2)
`__________
`
`
`Before JAMESON LEE, KARL D. EASTHOM, BRIAN J. McNAMARA,
`and AARON W. MOORE, Administrative Patent Judges.1
`
`McNAMARA, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motions for
`Pro Hac Vice Admission of John Petrsoric
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses issues that are identical in each of the above
`captioned proceedings. We therefore exercise our discretion to issue one
`Order to be filed in each proceeding. This is not an order from an expanded
`panel of the Board, the proceedings have not been consolidated, and the
`Parties must obtain authorization to use this heading style .
`
`
`
`
`IPR2022-00118 (Patent 10,804,740 B2)
`IPR2022-00120 (Patent 9,997,962 B2)
`
`
`Scramoge Technology Ltd. (“Patent Owner”) filed a Motion for
`pro hac vice admission of John Petrsoric in each of the above-captioned
`proceedings. Paper 18 (“Mot.”, “Motion”).2 Patent Owner states that it “has
`conferred with Petitioner, and Petitioner has stated that it does not oppose
`this motion.” Mot. 2. The 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. 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 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”)) (“Notice”).
`In each Motion, Patent Owner states that there is good cause for the
`Board to recognize John Petrsoric pro hac vice during these proceedings
`because he “is an experienced patent litigator,” “is counsel in the related
`district court litigation,” “has extensive experience representing Patent
`Owner in patent litigations,” and “is intimately familiar with the substantive
`and technical issues involved in this proceeding.” Mot. 2–3.
`The Motion is supported by a Declaration of Mr. Petrsoric (Ex. 2022,
`“Decl.”) that attests to the statements above and complies with the
`requirements set forth in the Notice. See Decl. ¶¶ 1–10.
`
`
`2 We cite to Papers and Exhibits in IPR2022-00118. Patent Owner filed
`similar items in IPR2022-00120.
`
`2
`
`
`
`
`
`IPR2022-00118 (Patent 10,804,740 B2)
`IPR2022-00120 (Patent 9,997,962 B2)
`
`
`Patent Owner has demonstrated that Mr. Petrsoric has sufficient legal
`and technical qualifications and familiarity with the subject matter at issue,
`and that there is a need for Patent Owner to have counsel with his
`experience. See, e.g., id. ¶¶ 1, 6, 9; Mot. 2–3. Patent Owner therefore has
`established good cause for admitting Mr. Petrsoric pro hac vice in each of
`the above-captioned proceedings.
`Accordingly, it is
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`John Petrsoric in each of the above captioned proceedings is granted; Mr.
`Petrsoric is authorized to act as back-up counsel in these proceedings only;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for these proceedings;
`FURTHER ORDERED that Mr. Petrsoric shall comply with the
`Consolidated 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; and
`FURTHER ORDERED that Mr. Petrsoric is 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
`
`
`
`IPR2022-00118 (Patent 10,804,740 B2)
`IPR2022-00120 (Patent 9,997,962 B2)
`
`FOR PETITIONER:
`
`Scott Jarratt
`Andrew Ehmke
`Calmann Clements
`HAYNES AND BOONE, LLP
`Scott.jarratt.ipr@haynesboone.com
`Andy.ehmke.ipr@haynesboone.com
`Calmnn.clements.ipr@haynesboone.com
`
`FOR PATENT OWNER:
`Brett Cooper
`Reza Mirzaie
`Jim Milkey
`John Petrsoric
`RUSS, AUGUST & KABAT
`bcooper@raklaw.com
`mirzaie@raklaw.com
`jmilkey@raklaw.com
`jpetrsoric@raklaw.com
`
`
`
`
`
`
`
`4
`
`
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