Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper # 10
`Entered: January 25, 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.
`_____________________________
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
` IPR2022-01223 (Patent 9,319,075 B1) 1
`_____________________________
`
`Before HYUN J. JUNG, NATHAN A. ENGELS,
`MONICA S. ULLAGADDI, and PAUL J. KORNICZKY, Administrative
`Patent Judges. 2
`
`PER CURIAM.
`
`
`ORDER
`Granting Patent Owner’s Motions for Pro Hac Vice Admission of
`Philip J. Graves and Greer N. Shaw
`37 C.F.R. § 42.10
`
`
`1 This Order addresses issues that are the same in each of these proceedings.
`We issue one Order to be entered in each proceeding. The parties are not
`permitted to use this style of caption.
`2 This is not an expanded panel.
`
`
`571-272-7822
`
`
`
`
`
`Paper # 10
`Entered: January 25, 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.
`_____________________________
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
` IPR2022-01223 (Patent 9,319,075 B1) 1
`_____________________________
`
`Before HYUN J. JUNG, NATHAN A. ENGELS,
`MONICA S. ULLAGADDI, and PAUL J. KORNICZKY, Administrative
`Patent Judges. 2
`
`PER CURIAM.
`
`
`ORDER
`Granting Patent Owner’s Motions for Pro Hac Vice Admission of
`Philip J. Graves and Greer N. Shaw
`37 C.F.R. § 42.10
`
`
`1 This Order addresses issues that are the same in each of these proceedings.
`We issue one Order to be entered in each proceeding. The parties are not
`permitted to use this style of caption.
`2 This is not an expanded panel.
`
`
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
`IPR2022-01223 (Patent 9,319,075 B1)
`
`
`On December 2, 2022, Patent Owner filed Motions requesting Pro
`Hac Vice Admission of Philip J. Graves and Greer N. Shaw. Paper 8; Paper
`9. 3 Patent Owner submitted Declarations from Mr. Graves and Mr. Shaw in
`support of the Motions. Exs. 2016, 2017. Patent Owner attests that
`Petitioner does not oppose the Motions. Paper 8, 1; Paper 9, 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. 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. Graves and Mr. Shaw have sufficient
`legal and technical qualifications to represent Patent Owner in this
`proceeding, that Mr. Graves and Mr. Shaw have demonstrated sufficient
`litigation experience and familiarity with the subject matter of this
`proceeding, that Mr. Graves and Mr. Shaw meet all other requirements for
`admission pro hac vice. See Ex. 2016, ¶¶ 1–10; Ex. 2017, ¶¶ 1–10.
`
`
`3 For expediency, we cite to papers in IPR2022-00979. Similar papers were
`filed in each of IPR2022-00980, IPR2022-00981, IPR2022-00982, IPR2022-
`01005, IPR2022-01222, and IPR2022-01223.
`
`
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
`IPR2022-01223 (Patent 9,319,075 B1)
`
`Accordingly, Patent Owner has established good cause for pro hac vice
`admission of Mr. Graves and Mr. Shaw. 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. Graves and Mr.
`Shaw in accordance with 37 C.F.R § 42.10(b). Paper 6. Mandatory Notices
`have also been submitted, identifying Mr. Graves and Mr. Shaw as back-up
`counsel, as required by 37 C.F.R. § 42.8(b)(3). Paper 5. Patent Owner does
`not have to submit another Mandatory Notice or Power of Attorney for Mr.
`Graves and Mr. Shaw.
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions (Paper 8, Paper 9) for pro
`hac vice admission of 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. Graves and Mr. Shaw are authorized to act only as
`back-up counsel;
`FURTHER ORDERED that Mr. Graves and Mr. Shaw comply with
`the Patent Trial and Appeal Board’s Consolidated Trial Practice Guide4 (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
`
`
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
`IPR2022-01223 (Patent 9,319,075 B1)
`
`
`FURTHER ORDERED that 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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`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
`IPR2022-01223 (Patent 9,319,075 B1)
`
`
`FOR PETITIONER:
`Andre S. Ehmke
`Samuel Drezdzon
`Adam C. Fowles
`HAYNES AND BOONE, LLP
`Andy.ehmke.ipr@haynesboone.com
`Samuel.drezdzon.ipr@haynesboone.com
`Adam.fowles.ipr@haynesboone.com
`
`W. Karl Renner
`Jeremy J. Monaldo
`Ayan roy-Chowdhury
`FISH & RICHARDSON P.C.
`Axf-ptab@fr.com
`jjm@fr.com
`roy-chowdhury@fr.com
`
`
`FOR PATENT OWNER:
`Rex Hwang
`Todd Martin
`SKIERMONT DERBY LLP
`rhwang@skiermontderby.com
`tmartin@skiemontderby.com
`
`
`
`
`
`
`
`
`
`
`IPR2022-00979 (Patent 9,049,110 B2)
`IPR2022-00980 (Patent 8,761,739 B1)
`IPR2022-00981 (Patent 8,472,936 B1)
`IPR2022-00982 (Patent 8,472,937 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01222 (Patent 8,982,863 B1)
`IPR2022-01223 (Patent 9,319,075 B1)
`
`
`
`
`
`
`
`
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