`571-272-7822
`
`
`
`
`Paper 26
`Entered: May 19, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SIERRA WIRELESS AMERICA, INC., SIERRA WIRELESS, INC.,
`and RPX CORP.,
`Petitioner,
`
`v.
`
`M2M SOLUTIONS LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01823
`Patent 8,648,717 B2
`____________
`
`
`
`
`
`Before KALYAN K. DESHPANDE, JUSTIN T. ARBES, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`
`DECISION
`Petitioner’s Motion for Withdrawal of Robert E. Krebs and for Pro Hac Vice
`Admission of Ronald F. Lopez
`37 C.F.R. § 42.10
`
`
`
`
`
`
`IPR2015-01823
`Patent 8,648,717 B2
`
`On May 9, 2016, pursuant to our authorization, Petitioner filed a
`Motion to withdraw Mr. Robert E. Krebs as back-up counsel and to have
`Mr. Ronald F. Lopez admitted pro hac vice. Paper 23.1 The Motion states
`that there is no change in lead counsel for Petitioner and that Patent Owner
`does not oppose the Motion. Id. at 1, 3. Petitioner’s Motion is granted. See
`37 C.F.R. § 42.10(c), (e); see also Unified Patents, Inc. v. Parallel Iron,
`LLC, IPR2013-00639, Order Authorizing Motion for Pro Hac Vice
`Admission, Paper 7 (October 15, 2003) (setting forth requirements for pro
`hac vice admission).2
`It is
`ORDERED that Mr. Krebs is no longer recognized as counsel for
`Petitioner in this proceeding;
`ORDERED that Petitioner’s Motion for pro hac vice admission is
`granted, and Mr. Lopez is authorized to represent Petitioner as back-up
`counsel in IPR2015-01823;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner as lead counsel in this proceeding; and
`FURTHER ORDERED that Mr. Lopez is to comply with the Office
`
`
`1 Petitioner also filed an affidavit of Mr. Lopez in support of the Motion
`(Paper 24). We note that Petitioner filed the affidavit of Mr. Lopez as a
`paper in this case, rather than as a separate exhibit. The parties are
`cautioned that, going forward, such evidence should be filed as an exhibit.
`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 Available at http://www.uspto.gov/patents-application-process/appealing-
`patent-decisions/decisions-and-opinions/representative-orders.
`2
`
`
`
`IPR2015-01823
`Patent 8,648,717 B2
`
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`set forth in Title 37, Part 42 of the Code of Federal Regulations, and that Mr.
`Lopez 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:
`Jennifer Hayes
`Robert Krebs
`Nixon Peabody LLP
`jenhayes@nixonpeabody.com
`rkrebs@nixonpeabody.com
`
`For PATENT OWNER:
`Jeffrey Costakos
`Michelle Moran
`Foley & Lardner LLP
`jcostakos@foley.com
`mmoran@foley.com
`
`3
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