`571-272-7822
`
`
`
`
`Paper No. 26
`Entered: March 31, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`IPR2022-00807
`Patent 9,756,168 B1
`____________
`
`Before KEVIN F. TURNER, HYUN J. JUNG, and
`PAUL J. KORNICZKY, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motions for Pro Hac Vice Admission of
`Nathan N. Lowenstein and Colette Woo
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`IPR2022-00807
`Patent 9,756,168 B1
`
`
`Patent Owner filed motions for pro hac vice admission of
`Nathan Nobu Lowenstein and Colette Woo in the above-identified
`proceeding. Papers 15–16 (“Motions”). Patent Owner also filed
`declarations of Mr. Lowenstein and Ms. Woo in support of the Motions.
`Ex. 2006–07 (“Declarations”). Patent Owner represents that the Motions are
`unopposed. Motions 1.
`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 4, 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 averred in the
`Declarations, we conclude that Mr. Lowenstein and Ms. Woo have sufficient
`legal and technical qualifications to represent Patent Owner in this
`proceeding, that Mr. Lowenstein and Ms. Woo have demonstrated sufficient
`familiarity with the subject matter of this proceeding, and that
`Mr. Lowenstein and Ms. Woo meet all other requirements for admission
`pro hac vice. We further conclude that Patent Owner’s interest in being
`represented in the instant proceeding by counsel with litigation experience
`weighs in favor of granting the Motions. Accordingly, Patent Owner has
`established good cause for pro hac vice admission of Mr. Lowenstein and
`Ms. Woo. The Motions are hereby granted, and Mr. Lowenstein and
`
`
`
`2
`
`
`
`IPR2022-00807
`Patent 9,756,168 B1
`
`Ms. Woo will be permitted to appear pro hac vice in the instant proceeding
`as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that Patent Owner filed a power of attorney for
`Mr. Lowenstein and Ms. Woo in accordance with 37 C.F.R. § 42.10(b).
`Paper 6. In addition, Patent Owner filed mandatory notices identifying
`Mr. Lowenstein and Ms. Woo as back-up counsel in accordance with
`37 C.F.R. § 42.8(b)(3). Paper 5.
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motions for Admission Pro Hac Vice
`of Nathan Nobu Lowenstein and Colette Woo in the above-identified
`proceeding are granted;
`FURTHER ORDERED that Mr. Lowenstein and Ms. Woo are
`authorized to represent Patent Owner only as back-up counsel in the instant
`proceeding;
`FURTHER ORDERED that Patent Owner must continue to have a
`registered practitioner represent it as lead counsel in the instant proceeding;
`FURTHER ORDERED that Mr. Lowenstein and Ms. Woo must
`comply with the 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 37 C.F.R.; and
`FURTHER ORDERED that Mr. Lowenstein and Ms. Woo are to be
`subject to the Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a),
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`
`
`3
`
`
`
`IPR2022-00807
`Patent 9,756,168 B1
`
`and the USPTO Rules of Professional Conduct set forth in 37 C.F.R.
`§§ 11.101 et. seq.
`
`
`FOR PETITIONER:
`
`Andrew S. Ehmke
`Adam Fowles
`Samuel Drezdzon
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`adam.fowles.ipr@haynesboone.com
`samuel.drezdzon.ipr@haynesboone.com
`
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`FISH & RICHARDSON P.C. a
`IPR39843-0127IP1@fr.com
`
`
`FOR PATENT OWNER:
`
`Kenneth Weatherwax
`Parham Hendifar
`Vinson Lin
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`SmartMobile_IPRs@lowensteinweatherwax.com
`
`Philip J. Graves (pro hac vice)
`Greer N. Shaw (pro hac vice)
`GRAVES & SHAW LLP
`pgraves@gravesshaw.com
`gshaw@gravesshaw.com
`
`
`
`4
`
`
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