`571-272-7822
`
`
`
`
`Paper 22
`Date: June 12, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`NXP USA, INC.
`Petitioner,
`v.
`BELL NORTHERN RESEARCH, LLC,
`Patent Owner.
`
`IPR2023-01414
`Patent 8,416,862 B2
`
`
`
`
`
`
`
`
`
`Before JEFFREY W. ABRAHAM, JOHN D. HAMANN, and
`RUSSELL E. CASS, Administrative Patent Judges.
`ABRAHAM, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Motion for
`Pro Hac Vice Admission of Zachary Loney
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2023-01414
`Patent 8,416,862 B2
`On May 22, 2024, Petitioner filed a motion requesting pro hac vice
`admission of Zachary Loney in the above-identified proceeding (“Motion”).
`Paper 14. Petitioner also submitted a Declaration from Zachary Loney
`(Paper 15) in support of the Motion (“Declaration”).1
`Petitioner attests that Patent Owner does not oppose the Motion.
`Paper 14, 3.
`For the reasons provided below, Petitioner’s Motion is 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 Motion and the accompanying
`Declaration, we conclude that Mr. Loney has sufficient legal and technical
`qualifications to represent Petitioner in this proceeding, has demonstrated
`sufficient litigation experience and familiarity with the subject matter of this
`proceeding, and meets all other requirements for admission pro hac vice.
`See Paper 15. Accordingly, Petitioner has established good cause for pro
`
`
`1 Petitioner filed the Declaration as a Paper. We deem this to be harmless
`error, however, Petitioner is reminded that affidavits and declarations must
`be filed as exhibits. See 37 C.F.R. § 42.63(a) (“Evidence consists of
`affidavits, transcripts of depositions, documents, and things. All evidence
`must be filed in the form of an exhibit.”).
`2
`
`
`
`IPR2023-01414
`Patent 8,416,862 B2
`hac vice admission of Mr. Loney. Mr. Loney will be permitted to serve as
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`Upon review of the record before us, we note that a Power of Attorney
`in accordance with 37 C.F.R. § 42.10(b) has been submitted for Mr. Loney.
`Paper 3, 2. Petitioner has also submitted Mandatory Notices identifying Mr.
`Loney as back-up counsel. Paper 19, 5.
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner’s motion for admission pro hac vice of
`Zachary Loney in this proceeding is granted;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel in this proceeding;
`FURTHER ORDERED that Mr. Loney is authorized to represent
`Petitioner only as back-up counsel in this proceeding;
`FURTHER ORDERED that Mr. Loney be familiar with the Patent
`Trial and Appeal Board Consolidated Trial Practice Guide2 (84 Fed. Reg.
`64,280 (Nov. 21, 2019)), and comply with 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. Loney is subject to the USPTO’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO’s Rules
`of Professional Conduct set forth at 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`IPR2023-01414
`Patent 8,416,862 B2
`FOR PETITIONER:
`
`MediaTek:
`Cory C. Bell
`Luke H. MacDonald
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`cory.bell@finnegan.com
`luke.macdonald@finnegan.com
`
`NXP:
`Brian K. Erickson
`Brent Yamashita
`Martin Ellison
`Salvatore Tamburo
`Peiyao Zhang
`DLA PIPER LLP (US)
`brian.erickson@us.dlapiper.com
`brent.yamashita@us.dlapiper.com
`martin.ellison@us.dlapiper.com
`peiyao.zhang@us.dlapiper.com
`salvatore.tamburo@us.dlapiper.com
`
`
`FOR PATENT OWNER:
`
`Jason M. Shapiro
`Timothy Devlin
`DEVLIN LAW FIRM LLC
`jshpiro@devlinlawfirm.com
`tdevlin@devlinlawfirm.com
`
`4
`
`
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