throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 19
`Date: December 26, 2023
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`GOTV STREAMING, LLC,
`Patent Owner.
`____________
`
`IPR2023-00757 (Patent 8,989,715 B2)
`IPR2023-00758 (Patent 8,478,245 B2)
`IPR2023-00759 (Patent 8,103,865 B2)1
`____________
`
`Before RICHARD M. LEBOVITZ, BRIAN J. McNAMARA, and
`STEVEN M. AMUNDSON, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER
`Granting Petitioner’s Motions for Admission
`Pro Hac Vice of Stephen A. Marshall
`37 C.F.R. § 42.10
`
`
`
`
`1 This combined caption is for administrative convenience only and does not
`indicate that IPR2023-00757, IPR2023-00758, and IPR2023-00759 have
`been joined. The parties are not authorized to use this caption without
`express permission of the Board.
`
`

`

`IPR2023-00757 (Patent 8,989,715 B2)
`IPR2023-00758 (Patent 8,478,245 B2)
`IPR2023-00759 (Patent 8,103,865 B2)
`
`
`On December 19, 2023, Petitioner filed motions for admission pro
`hac vice of Stephen A. Marshall in each of the above-identified proceedings
`(collectively “Motions”). Paper 17.2 Petitioner also filed declarations of
`Mr. Marshall in support of the Motions (collectively “Declarations”).
`Ex. 1024. 3 Petitioner represents that Patent Owner does not oppose the
`Motions. Paper 17, 1. For the reasons provided below, Petitioner’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, Paper 7 (PTAB Oct. 15, 2013)
`(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. Marshall has sufficient legal and
`technical qualifications to represent Petitioner in these proceedings, has
`demonstrated sufficient litigation experience and familiarity with the subject
`matter of these proceedings, and meets all other requirements for admission
`
`2 For purposes of expediency, we cite to the paper filed in IPR2023-00757.
`Petitioner filed similar papers in IPR2023-00758 (Paper 17) and IPR2023-
`00759 (Paper 14).
`3 We cite to the exhibit filed in IPR2023-00757. Petitioner filed similar
`exhibits in IPR2023-00758 (Exhibit 1025) and IPR2023-00759 (Exhibit
`1032).
`
`
`
`2
`
`

`

`IPR2023-00757 (Patent 8,989,715 B2)
`IPR2023-00758 (Patent 8,478,245 B2)
`IPR2023-00759 (Patent 8,103,865 B2)
`
`pro hac vice. See Ex. 1024. Accordingly, Petitioner has established good
`cause for pro hac vice admission of Mr. Marshall. Mr. Marshall will be
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`We note that Petitioner has filed a Power of Attorney including
`Mr. Marshall in accordance with 37 C.F.R. § 42.10(b). IPR2023-00757,
`Paper 15; IPR2023-00758, Paper 15; and IPR2023-00759, Paper 12.
`Petitioner has also filed Mandatory Notices identifying Mr. Marshall as
`back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3). IPR2023-
`00757, Paper 16; IPR2023-00758, Paper 16; and IPR2023-00759, Paper 13.
`Accordingly, it is
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Stephen A. Marshall are granted;
`FURTHER ORDERED that Petitioner shall continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Marshall is authorized to represent
`Petitioner as back-up counsel only in the above-identified proceedings;
`FURTHER ORDERED that Mr. Marshall shall comply with the
`Patent Trial and Appeal Board Consolidated Trial Practice Guide (84 Fed.
`Reg. 64,280 (Nov. 21, 2019)), 4 and the Board’s Rules of Practice for Trials,
`as set forth in Part 42 of Title 37, Code of Federal Regulations;5 and
`
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`5 In the Declarations, Mr. Marshall references compliance with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
`forth in part 42 of the Code of Federal Regulations (as opposed to part 42
`of 37 C.F.R.). See, e.g., IPR2023-00757, Ex. 1024 ¶ 5. We excuse this
`mistake on this occasion, but remind Mr. Marshall that the Board’s Rules
`3
`
`
`
`

`

`IPR2023-00757 (Patent 8,989,715 B2)
`IPR2023-00758 (Patent 8,478,245 B2)
`IPR2023-00759 (Patent 8,103,865 B2)
`
`
`FURTHER ORDERED that Mr. Marshall shall be 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.
`
`
`
`
`
`
`of Practice for Trials are set forth in Part 42 of Title 37, Code of Federal
`Regulations, and those rules will apply to Mr. Marshall.
`4
`
`
`
`

`

`IPR2023-00757 (Patent 8,989,715 B2)
`IPR2023-00758 (Patent 8,478,245 B2)
`IPR2023-00759 (Patent 8,103,865 B2)
`
`For PETITIONER:
`
`Aliza George Carrano
`Indranil Mukerji
`J. Christopher Moulder
`WILLKIE FARR & GALLAGHER LLP
`acarrano@willkie.com
`imukerji@willkie.com
`cmoulder@willkie.com
`Netflix-GTS-WFG@willkie.com
`
`
`For PATENT OWNER:
`
`Joshua S. Wyde
`Steven T. Jugle
`ALAVI & ANAIPAKOS PLLC
`jwyde@aatriallaw.com
`sjugle@aatriallaw.com
`IPR2023-00757@aatriallaw.com
`IPR2023-00758@aatriallaw.com
`IPR2023-00759@aatriallaw.com
`
`
`
`
`5
`
`

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