`571-272-7822
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`Paper 16
`Date: January 25, 2023
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`v.
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`IPR2022-01004
`Patent 9,614,943 B1
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`Before HYUN J. JUNG, NATHAN A. ENGELS, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
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`JUNG, Administrative Patent Judge.
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`ORDER
`Granting Patent Owner’s Motion for Pro Hac Vice Admission of
`Steven J. Udick, Philip J. Graves, and Greer N. Shaw
`37 C.F.R. § 42.10
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`IPR2022-01004
`Patent 9,614,943 B1
`On December 2, 2022, Patent Owner filed Motions requesting Pro
`Hac Vice Admissions of Steven J. Udick, Philip J. Graves, and Greer N.
`Shaw. Papers 9–11 (collectively, “Motions”). Patent Owner submitted
`Declarations from Mr. Udick, Mr. Graves, and Mr. Shaw in support of the
`Motions. Exs. 2001–2003. Patent Owner represents that Petitioner does not
`oppose the Motions. Paper 9, 4; Paper 10, 4; Paper 11, 4.
`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 Unified Patents,
`Inc. v. Parallel Iron, LLC, Case IPR2013-00639, Paper 7 (PTAB Oct. 15,
`2013) (setting forth the requirements for admission pro hac vice).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Udick, Mr. Graves, and Mr. Shaw have
`sufficient legal and technical qualifications to represent Patent Owner in this
`proceeding, that Mr. Udick, Mr. Graves, and Mr. Shaw have demonstrated
`sufficient litigation experience and familiarity with the subject matter of this
`proceeding, that Mr. Udick, Mr. Graves, and Mr. Shaw meet all other
`requirements for admission pro hac vice. See Ex. 2001 ¶¶ 1–10; Ex. 2002
`¶¶ 1–10; Ex. 2003 ¶¶ 1–10. Accordingly, Patent Owner has established
`good cause for pro hac vice admission of Mr. Udick, Mr. Graves, and Mr.
`Shaw. Mr. Udick, Mr. Graves, and Mr. Shaw will be permitted to appear
`pro hac vice as back-up counsel only. See 37 C.F.R. § 42.10(c).
`Powers of Attorney have been submitted for Mr. Udick, Mr. Graves,
`and Mr. Shaw in accordance with 37 C.F.R § 42.10(b). Paper 5. Mandatory
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`IPR2022-01004
`Patent 9,614,943 B1
`Notices have also been submitted, identifying Mr. Udick, Mr. Graves, and
`Mr. Shaw as back-up counsel, as required by 37 C.F.R. § 42.8(b)(3).
`Paper 4.
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions (Paper 9, Paper 10, Paper
`11) for pro hac vice admission of Steven J. Udick, Philip J. Graves, and
`Greer N. Shaw are granted;
`FURTHER ORDERED that Patent Owner must continue to have a
`registered practitioner represent it as lead counsel in the above-identified
`proceedings, and that Mr. Udick, Mr. Graves, and Mr. Shaw are authorized
`to act only as back-up counsel;
`FURTHER ORDERED that Mr. Udick, Mr. Graves, and Mr. Shaw
`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 Mr. Udick, Mr. Graves, and Mr. Shaw
`are 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. §§ 11.101–11.901.
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`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
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`IPR2022-01004
`Patent 9,614,943 B1
`For PETITIONER:
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
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`Andrew S. Ehmke
`Clint S. Wilkins
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
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`For PATENT OWNER:
`Rex Hwang
`Todd Martin
`SKIERMONT DERBY LLP
`rhwang@skiermontderby.com
`tmartin@skiermontderby.com
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