`571-272-7822
`
`Paper: 9
`Entered: June 14, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VALVE CORPORATION,
`Petitioner,
`
`v.
`
`IMMERSION CORPORATION,
`Patent Owner.
`____________
`
`IPR2024-00556
`Patent 8,749,507 B2
`____________
`
`Before WILLIAM V. SAINDON, MICHAEL R. ZECHER, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`ORDER
`Conditionally Granting Patent Owner’s Motion for
`Pro Hac Vice Admission of Cliff Win, Jr.
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`IPR2024-00556
`Patent 8,749,507 B2
`
`
`On June 5, 2024, Patent Owner filed a motion requesting pro hac vice
`admission of Cliff Win, Jr. Paper 7 (“Motion” or “Mot.”). Patent Owner
`also submitted a Declaration from Cliff Win, Jr. in support of the Motion.
`Ex. 2007 (“Declaration”). Petitioner has not opposed the Motion.
`For the reasons provided below, Patent Owner’s Motion is
`conditionally 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. Win has sufficient legal and technical
`qualifications to represent Patent Owner 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 Ex. 2007. Accordingly, Patent Owner has established
`good cause for pro hac vice admission of Mr. Win. Mr. Win 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 not been submitted for Mr.
`
`
`
`2
`
`
`
`IPR2024-00556
`Patent 8,749,507 B2
`
`Win. Therefore, Patent Owner’s Motion is conditionally granted, and is to
`be effective after Patent Owner files the aforementioned Power of Attorney.
`Patent Owner has not filed updated Mandatory Notices identifying
`Mr. Win as back-up counsel. Therefore, Patent Owner must file an updated
`Mandatory Notice identifying Mr. Win as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3).
`
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motion (Paper 7) for pro hac vice
`admission of Cliff Win, Jr. is conditionally granted, provided that within ten
`(10) business days of the date of this order, Patent Owner submits a Power
`of Attorney for Cliff Win, Jr. in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Patent Owner must file an updated
`Mandatory Notice identifying Mr. Win as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Mr. Win is authorized to represent Patent
`Owner as back-up counsel only in this proceeding;
`FURTHER ORDERED that Mr. Win comply with the Patent Trial
`and Appeal Board Consolidated 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
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`
`
`IPR2024-00556
`Patent 8,749,507 B2
`
`
`FURTHER ORDERED that Mr. Win 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 et. seq.
`
`
`
`
`
`
`
`FOR PETITIONER:
`
`Richard Giunta
`Adam Wichman
`rgiunta-ptab@wolfgreenfield.com
`awichman-ptab@wolfgreenfield.com
`
`FOR PATENT OWNER:
`
`David D. Schumann
`Palani P. Rathinasamy
`Moses Xie
`Timothy Dewberry
`Folio Law Group PLLC
`david.schumann@foliolaw.com
`palani@foliolaw.com
`moses.xie@foliolaw.com
`timothy.dewberry@foliolaw.com
`
`
`
`
`4
`
`
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