`571-272-7822
`
`Paper 43
`Entered: September 29, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS
`AMERICA, INC. and APPLE INC.,
`Petitioner
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`IPR2022-01248
`Patent 8,842,653 B1
`____________
`
`Before HYUN J. JUNG, GARTH D. BAER, and AARON W. MOORE,
`Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motions for
`Pro Hac Vice Admission of Nathan Nobu Lowenstein and Colette Woo
`37 C.F.R. § 42.10
`
`
`
`
`IPR2022-01248
`Patent 8,842,653 B1
`
`
`On July 31, 2023, Patent Owner filed motions requesting pro hac vice
`admission of Nathan Nobu Lowenstein and Colette Woo. Paper 34
`(“Lowenstein Motion”); Paper 35 (“Woo Motion”). Patent Owner also
`submitted declarations from Mr. Lowenstein and Ms. Woo in support of the
`Motions. Ex. 2030 (“Lowenstein Dec.”); Ex. 2031 (“Woo Dec.”). Patent
`Owner attests that Petitioner does not oppose the Motions. Lowenstein
`Motion 4; Woo Motion 1.
`For the reasons provided below, Patent Owner’s Motions are granted.
`In accordance with 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
`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, 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 the accompanying
`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
`litigation experience and familiarity with the subject matter of this
`proceeding, and that Mr. Lowenstein and Ms. Woo meet all other
`requirements for admission pro hac vice. See Motions. Accordingly, Patent
`Owner has established good cause for pro hac vice admission of Mr.
`
`
`
`2
`
`
`
`IPR2022-01248
`Patent 8,842,653 B1
`
`Lowenstein and Ms. Woo. Mr. Lowenstein and Ms. Woo will be permitted
`to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that Patent Owner filed a Power of Attorney including Mr.
`Lowenstein and Ms. Woo in accordance with 37 C.F.R. § 42.10(b). Paper 5.
`Patent Owner also filed updated Mandatory Notices in accordance with 37
`C.F.R. § 42.8(b)(3) that identify Mr. Lowenstein and Ms. Woo as back-up
`counsel. Paper 7.
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Mr. Lowenstein and Ms. Woo are granted;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Mr. Lowenstein and Ms. Woo are
`authorized to represent Patent Owner as back-up counsel only in this
`proceeding;
`FURTHER ORDERED that Mr. Lowenstein and Ms. Woo comply
`with the Patent Trial and Appeal Board 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. Lowenstein and Ms. Woo 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 et.
`seq.
`
`
`
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`
`
`IPR2022-01248
`Patent 8,842,653 B1
`
`For PETITIONER:
`
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`Aamir A. Kazi (pro hac vice)
`FISH & RICHARDSON P.C.
`axf-ptab@f.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
`kazi@fr.com
`
`Andrew S. Ehmke
`Clint S. Wilkins
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
`
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`Parham Hendifar
`Vinson Lin
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`lin@lowensteinweatherwax.com
`
`Rex Hwang
`Todd Martin
`SKIERMONT DERBY LLP
`rhwang@skiermontderby.com
`tmartin@skiermontderby.com
`
`
`
`4
`
`
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