`571-272-7822
`
`Paper: 15
`Entered: January 25, 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)
` IPR2022-01249 (Patent 9,019,946 B1)1
`
`
`
`
`
`
`
`
`
`Before HYUN J. JUNG, GARTH D. BAER, and AARON W. MOORE,
`Administrative Patent Judges.
`JUNG, Administrative Patent Judge.
`
`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.
`
`
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`
`
`Patent Owner, Smart Mobile Technologies LLC, filed Motions for
`pro hac vice admission of Philip J. Graves and Greer N. Shaw. IPR2022-
`01248, Papers 11, 12; IPR2022-01249, Papers 8, 9. Patent Owner submitted
`Declarations from Mr. Graves and Mr. Shaw in support of the Motions.
`IPR2022-01248, Exs. 2016, 2017; IPR2022-01249, Exs. 2016, 2017. Patent
`Owner states that Petitioner does not oppose the motions. See IPR2022-
`01248, Paper 11, 6, Paper 12, 6; IPR2022-01249, Paper 8, 4, Paper 9, 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. 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 IPR2022-01248, Ex. 2016 ¶¶ 1–13, Ex. 2017
`¶¶ 1–13; IPR2022-01249, Ex. 2016 ¶¶ 1–10, Ex. 2017 ¶¶ 1–10.
`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
`
`2
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`
`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). IPR2022-01248, Paper 6;
`IPR2022-01249, 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). IPR2022-01248, Paper 5; IPR2022-01249, Paper 5.
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions (IPR2022-01248, Papers 11,
`12; IPR2022-01249, Papers 8, 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 Guide2 (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. 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.
`
`
`
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`3
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`
`
`For PETITIONER:
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`FISH & RICHARDSON P.C.
`IPR39843-0125IP1@fr.com
`IPR39483-0126IP1@fr.com
`PTABInbound@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
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`
`Rex Hwang
`Todd Martin
`SKIERMONT DERBY LLP
`rhwang@skiermontderby.com
`tmartin@skiermontderby.com
`
`
`
`4
`
`
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