`571.272.7822
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` Paper No. 11
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`Entered: July 11, 2023
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`JAWBONE INNOVATIONS, LLC,
`Patent Owner.
`____________
`
`IPR2023-00251
`Patent 11,122,357 B1
`___________
`
`
`
`Before GEORGIANNA W. BRADEN, NORMAN H. BEAMER, and
`JASON M. REPKO, Administrative Patent Judges.
`
`BEAMER, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Unopposed Motion for
`Pro Hac Vice Admission of Mark Lezama
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`IPR2023-00251
`Patent 11,122,357 B1
`
`
`On July 6, 2023, Petitioner filed a Motion for pro hac vice admission
`of Mark Lezama in the above-captioned proceeding. Paper 9 (“Motion” or
`“Mot.”). Petitioner also filed a Declaration of Mr. Lezama in support of the
`Motion. Ex. 1014 (“Declaration”). Petitioner represents that the Motion is
`unopposed. Mot. 1.
`Pursuant to 37 C.F.R. § 42.10(c), we 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. The representative
`Order authorizing motions for pro hac vice admission requires a statement of
`facts showing there is good cause for us to recognize counsel pro hac vice,
`and an affidavit or declaration of the individual seeking to appear. See Paper
`3, 2 (citing Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
`Paper 7 (PTAB Oct. 15, 2013) (representative “Order – Authorizing Motion
`for Pro Hac Vice Admission”)).
`Based on the facts set forth in the Motion and averred in the
`Declaration, we conclude that Mr. Lezama has sufficient legal and technical
`qualifications to represent Petitioner in this proceeding, that Mr. Lezama has
`demonstrated sufficient familiarity with the subject matter of this
`proceeding, and that Mr. Lezama meets all other requirements for admission
`pro hac vice. We further conclude that Petitioner’s interest in being
`represented in the instant proceeding by counsel with litigation experience
`weighs in favor of granting the Motion. Accordingly, Petitioner has
`established good cause for pro hac vice admission of Mr. Lezama. The
`Motion is hereby granted, and Mr. Lezama will be permitted to appear pro
`hac vice in the instant proceeding as back-up counsel only. See 37 C.F.R.
`§ 42.10(c).
`
`2
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`IPR2023-00251
`Patent 11,122,357 B1
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`
`We note that Petitioner’s Power of Attorney “appoints the
`practitioners at Knobbe, Martens, Olson & Bear, LLP” (Paper 2, 1), and
`Mr. Lezama is associated with Knobbe, Martens, Olson & Bear, LLP
`(see Mot. 1; Ex. 1014 ¶ 1). However, Petitioner has not filed updated
`mandatory notices identifying Mr. Lezama as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3).
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Petitioner’s Motion for pro hac vice admission of
`Mark Lezama in the instant proceeding is granted;
`FURTHER ORDERED that Petitioner must file updated mandatory
`notices identifying Mr. Lezama as back-up counsel in accordance with
`37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Mr. Lezama is authorized to represent
`Petitioner only as back-up counsel in the instant proceeding;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel in the instant proceeding;
`FURTHER ORDERED that Mr. Lezama is to comply with the Office
`Patent 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. Lezama is to be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the
`
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`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
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`3
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`IPR2023-00251
`Patent 11,122,357 B1
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et.
`seq.
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`4
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`IPR2023-00251
`Patent 11,122,357 B1
`
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`
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`For PETITIONER:
`
`Colin B. Heideman
`Nathan D. Reeves
`Logan P. Young
`Joseph R. Re
`KNOBBE MARTENS, OLSON & BEAR, LLP
`2cbh@knobbe.com
`2ndr@knobbe.com
`2lpy@knobbe.com
`2jrr@knobbe.com
`
`
`For PATENT OWNER:
`
`Peter Lambrianakos
`Vincent J. Rubino, III
`Enrique W. Iturralde
`Richard Cowell
`FABRICANT LLP
`plambrianakos@fabricantllp.com
`vrubino@fabricantllp.com
`eiturralde@fabricantllp.com
`rcowell@fabricantllp.com
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`5
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