throbber
Trials@uspto.gov
`571-272-7822
`
`Paper: 17
` Entered: February 7 , 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.
`
`IPR2022-01002 (Patent 9,191,083 B1)
`IPR2022-01004 (Patent 9,614,943 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)1
`
`
`
`
`
`
`
`
`
`Before HYUN J. JUNG, NATHAN A. ENGELS, GARTH D. BAER,
`MONICA S. ULLAGADDI, AARON W. MOORE, and PAUL J.
`KORNICZKY, Administrative Patent Judges.2
`ENGELS, Administrative Patent Judge.
`ORDER
`Granting Petitioner’s Motions for Pro Hac Vice Admission of
`Amir A. Kazi
`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.
`
`
`
`
`

`

`IPR2022-01002 (Patent 9,191,083 B1)
`IPR2022-01004 (Patent 9,614,943 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`
`
`On February 1, 2023, Petitioner filed Motions for pro hac vice
`admission of Amir A. Kazi. Paper 16. 3 Petitioner submitted Declarations
`from Mr. Kazi in support of the Motions. Ex. 1044. Petitioner states that
`Patent Owner does not oppose the Motions. See Paper 16, 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. Kazi has sufficient legal and technical
`qualifications to represent Petitioner in these proceedings, that Mr. Kazi has
`demonstrated sufficient litigation experience and familiarity with the subject
`matter of these proceedings, and that Mr. Kazi meets all other requirements
`for admission pro hac vice. 4 See Ex. 1044 ¶¶ 1–10. Accordingly, Petitioner
`
`3 For expediency, we cite to papers in IPR2022-01002. Similar papers were
`filed in each of IPR2022-01004, IPR2022-01005, IPR2022-01248, and
`IPR2022-01249.
`4 We note that in the Declarations, Mr. Kazi declares that he has read and
`will comply with Office Patent Trial Practice Guide and the Board’s Rules
`of Practice for Trials, as set forth in “part 42 of the Code of Federal
`Regulations” without specifying Title 37, e.g. “Part 42 of 37 C.F.R.”
`Ex. 1044 ¶ 5. We deem this discrepancy a typographical error.
`
`2
`
`

`

`IPR2022-01002 (Patent 9,191,083 B1)
`IPR2022-01004 (Patent 9,614,943 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`
`has established good cause for pro hac vice admission of Mr. Kazi. Mr.
`Kazi will be permitted to appear pro hac vice as back-up counsel only. See
`37 C.F.R. § 42.10(c).
`We note that Powers of Attorney has not been submitted for Mr. Kazi
`in accordance with 37 C.F.R § 42.10(b). We also note that Mandatory
`Notices have also not been submitted, identifying Mr. Kazi as back-up
`counsel, as required by 37 C.F.R. § 42.8(b)(3).
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Amir A. Kazi are granted;
`FURTHER ORDERED that within ten (10) business days of the date
`of this Order, Petitioner shall file a Power of Attorney including Mr. Kazi in
`accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that within ten (10) business days of the date
`of this Order, Petitioner shall file updated Mandatory Notices in accordance
`with 37 C.F.R. § 42.8(b)(3) listing Mr. Kazi as back-up counsel;
`FURTHER ORDERED that Petitioner must continue to have a
`registered practitioner represent it as lead counsel in the above-identified
`proceedings, and that Mr. Kazi is authorized to act only as back-up counsel;
`FURTHER ORDERED that Mr. Kazi shall comply with the Patent
`Trial and Appeal Board’s Consolidated Trial Practice Guide5 (84 Fed. Reg.
`
`
`5 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`3
`
`

`

`IPR2022-01002 (Patent 9,191,083 B1)
`IPR2022-01004 (Patent 9,614,943 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`
`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. Kazi is 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.
`
`
`
`
`
`
`
`4
`
`

`

`IPR2022-01002 (Patent 9,191,083 B1)
`IPR2022-01004 (Patent 9,614,943 B1)
`IPR2022-01005 (Patent 9,084,291 B1)
`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.
`IPR39843-0129IP1@fr.com
`PTABInbound@fr.com
`axf-ptab@fr.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
`
`Andrew Ehmke
`Clint 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 & WEATHER WAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`lin@lowensteinweatherwax.com
`
`
`5
`
`

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