`571-272-7822
`
`
`
`
`
`
`Paper 37
`Date: May 26, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`_____________________________
`
`IPR2022-00350
`Patent 9,806,565 B2
`_____________________________
`
`
`
`Before JAMESON LEE, KARL D. EASTHOM, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`ORDER
`Conditionally Granting Petitioner’s Motion for Admission
`Pro Hac Vice of Jamie Raju
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2022-00350
`Patent 9,806,565 B2
`
`
`Apple Inc. (“Petitioner”) filed a motion requesting admission pro hac vice of
`Jamie Raju in this proceeding. Paper 35 (“Motion”). Petitioner also filed a
`Declaration from Ms. Raju in support of the Motion. Ex. 1028 (“Declaration”).
`Petitioner states that the Motion is unopposed. Paper 35, 4.
`Petitioner has not submitted Power of Attorney for Ms. Raju in accordance
`with 37 C.F.R § 42.10(b). In view thereof, and for the reasons provided below,
`Petitioner’s Motion is conditionally granted, and is to be effective after Petitioner
`files the aforementioned Power of Attorney.
`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 a motion for
`admission pro hac vice, 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, Case IPR2013-00639,
`Paper 7 (PTAB Oct. 15, 2013) (representative “Order – Authorizing Motion for
`Pro Hac Vice Admission”).
`Based on the facts set forth in the Motion and the accompanying
`Declaration, we conclude that Ms. Raju has sufficient legal and technical
`qualifications to represent Petitioner in this proceeding, that Ms. Raju has
`demonstrated sufficient litigation experience and familiarity with the subject matter
`of this proceeding, and that Ms. Raju meets all other requirements for admission
`pro hac vice. See Ex. 1028 ¶¶ 1–8. We further conclude that Petitioner’s interest
`in being represented in this proceeding by counsel with litigation experience
`weighs in favor of granting the Motion. Accordingly, Petitioner has established
`
`
`
`IPR2022-00350
`Patent 9,806,565 B2
`
`good cause for admission pro hac vice of Ms. Raju. Ms. Raju will be permitted to
`appear pro hac vice as back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner’s Motion (Paper 35) for admission pro hac vice
`of Jamie Raju in this proceeding is conditionally granted, provided that within
`three (3) business days of the date of this order, Petitioner submits a power of
`attorney for Ms. Raju in accordance with 37 C.F.R. § 42.10(b) in this proceeding;
`FURTHER ORDERED that Petitioner is to continue to have a registered
`practitioner represent them as lead counsel for this proceeding;
`FURTHER ORDERED that Ms. Raju is authorized to represent Petitioner as
`back-up counsel only in this proceeding;
`FURTHER ORDERED that Ms. Raju shall comply with the Patent Trial and
`Appeal Board’s Consolidated Trial Practice Guide1 (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 Ms. Raju 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.; and
`FURTHER ORDERED that Petitioner shall file an updated mandatory
`notice in this proceeding, within three (3) business days of the date of this order,
`according to 37 C.F.R. § 42.8(a)–(b), providing updated information regarding
`back-up counsel.
`
`
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`
`
`IPR2022-00350
`Patent 9,806,565 B2
`
`PETITIONER:
`Scott T. Jarratt
`Andrew S. Ehmke
`Calmann J. Clements
`HAYNES AND BOONE, LLP
`scott.jarratt.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`calmann.clements.ipr@haynesboone.com
`
`PATENT OWNER:
`
`Brett Cooper
`John Petrsoric
`BC LAW GROUP, P.C.
`bcooper@bc-lawgroup.com
`jpetrsoric@bc-lawgroup.com
`
`Antonio Papageorgiou
`Eric Huang
`LOMBARD & GELIEBTER LLP
`ap@lombardip.com
`ehuang@lgtrademark.com
`
`
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