`571-272-7822
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Paper No. 10
`Entered: February 24, 2017
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner.
`
`Case IPR2016-01621 (Patent 6,438,057 B1)1
`Case IPR2016-01622 (Patent 6,850,414 B2)
`Case IPR2016-01623 (Patent 7,315,454 B2)
`
`
`Before SALLY C. MEDLEY, JEAN R. HOMERE, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`HOMERE, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Motion for
`Pro Hac Vice Admission of Nathan Nobu Lowenstein
`37 C.F.R. § 42.10
`
`
`1 This order addresses issues that are the same in all identified cases. We exercise
`our discretion to issue one order to be filed in each case. The parties, however, are
`not authorized to use this style heading in subsequent papers.
`
`
`
`
`
`
`IPR2016-01621 (Patent 6,438,057 B1)
`IPR2016-01401 (Patent 6,850,414 B2)
`IPR2016-01402 (Patent 7,315,454 B2)
`
`
`I. INTRODUCTION
`On February 16, 2017, Polaris Innovations Ltd. (“Patent Owner”)
`filed Motions for Pro Hac Vice Admission of Nathan Nobu Lowenstein.
`Paper 10 (“Mot.”).2 Petitioner did not file an opposition. For the reasons
`provided below, Patent Owner’s Motions are granted.
`
`II. DISCUSSION
`In accordance with 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,
`Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7) (representative
`“Order – Authorizing Motion for Pro Hac Vice Admission”)).
`In these proceedings, lead counsel for Patent Owner, Kenneth J.
`Weatherwax, is a registered practitioner. Patent Owner asserts that there is
`good cause for us to recognize Mr. Lowenstein pro hac vice in these
`proceedings. Mot. 7. Patent Owner’s assertions in this regard are supported
`by the Declaration of Mr. Lowenstein. Ex. 2007.
`
`
`2 For purposes of expediency, we refer to the papers filed in Case IPR2016-
`01621. Similar papers were filed in Case IPR2016-01622, Case IPR2016-
`001623.
`
`2
`
`
`
`IPR2016-01621 (Patent 6,438,057 B1)
`IPR2016-01401 (Patent 6,850,414 B2)
`IPR2016-01402 (Patent 7,315,454 B2)
`
`
`Mr. Lowenstein declares that he is a member in good standing of the
`Bar of the State of California. Ex. 2007 ¶ 1. Mr. Lowenstein also declares
`that he is familiar with the subject matter at issue in these proceedings.
`Id. ¶ 15. The facts alleged in the Declaration of Mr. Lowenstein satisfy all
`the remaining requirements set forth in our representative Order authorizing
`motions for pro hac vice admission. See id. at ¶¶ 2–16; Mot. 3–7.
`On this record, we determine that Mr. Lowenstein has sufficient legal
`and technical qualifications to represent Patent Owner in these proceedings.
`Accordingly, Patent Owner has established that there is good cause for the
`pro hac vice admission of Mr. Lowenstein in these proceedings.
`
`III. ORDER
`Accordingly, it is ORDERED that Patent Owner’s Unopposed
`Motions for Pro Hac Vice Admission of Mr. Nathan Nobu Lowenstein are
`granted. Mr. Lowenstein is authorized to represent Patent Owner as back-up
`counsel in these proceedings only;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel in these proceedings;
`FURTHER ORDERED that Mr. Lowenstein shall comply with the
`Office Patent Trial Practice Guide 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. Lowenstein shall be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), as well as the
`Office’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101
`et. seq.
`
`3
`
`
`
`IPR2016-01621 (Patent 6,438,057 B1)
`IPR2016-01401 (Patent 6,850,414 B2)
`IPR2016-01402 (Patent 7,315,454 B2)
`
`For PETITIONER:
`
`David Hoffman
`FISH & RICHARDSON P.C.
`IPR37307-0007IP1@fr.com
`
`Martha Hopkins
`LAW OFFICES OF S.J. CHRISTINE YANG
`IPR@sjclawpc.com
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`Nathan Lowenstein
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`
`
`4
`
`
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