Trials @uspto.gov Paper 25
`571-272-7822
` Entered: May 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DEXCOM, INC.,
`Petitioner
`
`v.
`
`WAVEFORM TECHNOLOGIES, INC.,
`Patent Owner
`____________
`
`Case IPR2016-01679 (Patent 7,146,202 B2)
`Case IPR2016-01680 (Patent 8,187,433 B2)1
`____________
`
`
`Before BRIAN P. MURPHY, JON B. TORNQUIST, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`Per Curiam
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for
`Pro Hac Vice Admission of Jason A. Wrubleski
`37 C.F.R. § 42.10
`
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers. For
`convenience, this order cites only to papers and exhibits filed in IPR2016-
`01679; substantially identical papers and exhibits were filed in IPR2016-
`01680.
`
`
`571-272-7822
` Entered: May 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DEXCOM, INC.,
`Petitioner
`
`v.
`
`WAVEFORM TECHNOLOGIES, INC.,
`Patent Owner
`____________
`
`Case IPR2016-01679 (Patent 7,146,202 B2)
`Case IPR2016-01680 (Patent 8,187,433 B2)1
`____________
`
`
`Before BRIAN P. MURPHY, JON B. TORNQUIST, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`Per Curiam
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for
`Pro Hac Vice Admission of Jason A. Wrubleski
`37 C.F.R. § 42.10
`
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers. For
`convenience, this order cites only to papers and exhibits filed in IPR2016-
`01679; substantially identical papers and exhibits were filed in IPR2016-
`01680.
`
`
`
`IPR2016-01679 (Patent 7,146,202 B2)
`IPR2016-01680 (Patent 8,187,433 B2)
`
`
`INTRODUCTION
`I.
`On May 2, 2017, Patent Owner filed an Unopposed Motion for Pro
`Hac Vice Admission of Jason A. Wrubleski. Paper 23 (“Mot.”). A
`Declaration of Jason A. Wrubleski in Support of Patent Owner’s Motion for
`Pro Hac Vice Admission was submitted with the Motion. Ex. 2021. Patent
`Owner represents that Petitioner does not oppose the motions. Mot. 2. A
`Power of Attorney in accordance with 37 C.F.R. § 42.10(b) has been
`submitted for Mr. Wrubleski. Paper 22. 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. 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.
`In these proceedings, lead counsel for Patent Owner, Scott D. Eads, is
`a registered practitioner. Patent Owner asserts there is good cause for us to
`recognize Mr. Wrubleski pro hac vice in these proceedings. Mot. 4. Patent
`Owner’s assertions in this regard are supported by the Declaration of Mr.
`Wrubleski. Ex. 2021.
`Mr. Wrubleski declares that he is a member in good standing with the
`state Bars of Oregon and California. Ex. 2021 ¶ 2. Mr. Wrubleski also
`declares that he is an experienced litigation attorney familiar with the subject
`
`
`
`2
`
`
`
`IPR2016-01679 (Patent 7,146,202 B2)
`IPR2016-01680 (Patent 8,187,433 B2)
`
`matter at issue in these proceedings. Id. ¶¶ 9–10. Mr. Wrubleski declares
`that he has never been suspended or disbarred by any court or administrative
`body (id. ¶ 3), has not been denied for admission to practice before any court
`or administrative body (id. ¶ 4), and has not been sanctioned or cited for
`contempt by any court or administrative body (id. ¶ 5).
`Mr. Wrubleski additionally declares he has read and will comply with
`the Office Patent Trial Practice Guide and the Board’s rules as set for in 37
`C.F.R. § 42 (id. ¶ 6), and understands he will be subject to the USPTO Rules
`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a) (id. ¶ 7).
`On this record, we determine that Mr. Wrubleski has sufficient legal
`and technical qualifications to represent Patent Owner as back-up counsel in
`these proceedings. Accordingly, Patent Owner has established that there is
`good cause for the pro hac vice admission of Mr. Wrubleski in these
`proceedings. Patent Owner’s Motions for Pro Hac Vice Admission of Jason
`A. Wrubleski are granted.
`
`
`III. ORDER
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s Motions for Pro Hac Vice Admission
`
`of Jason A. Wrubleski are granted;
`
`FURTHER ORDERED that Mr. Wrubleski is authorized to represent
`Patent Owner only as back-up counsel in these proceedings and that Patent
`Owner is to continue to have a registered practitioner represent it as lead
`counsel in these proceedings;
`
`
`
`3
`
`
`
`IPR2016-01679 (Patent 7,146,202 B2)
`IPR2016-01680 (Patent 8,187,433 B2)
`
`
`FURTHER ORDERED that Patent Owner must file updated
`mandatory notices identifying Mr. Wrubleski as back-up counsel in
`accordance with 37 C.F.R. § 42.8(b)(3);
`
`FURTHER ORDERED that Mr. Wrubleski is to 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. Wrubleski 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.
`
`4
`
`
`
`
`
`
`
`
`
`IPR2016-01679 (Patent 7,146,202 B2)
`IPR2016-01680 (Patent 8,187,433 B2)
`
`FOR PETITIONER:
`Matthew W. Johnson
`David B. Cochran
`Vishal V. Khatri
`JONES DAY
`mwjohnson@jonesday.com
`dcochran@jonesday.com
`vkhatri@jonesday.com
`
`FOR PATENT OWNER:
`
`Steven J. Prewitt
`Scott D. Eads
`Karri Kuenzli Bradley
`Nicholas F. Aldrich, Jr.
`Jason A. Wrubleski
`SCHWABE, WILLIAMSON & WYATT, P.C.
`SPrewitt@schwabe.com
`seads@schwabe.com
`kbradley@schwabe.com
`NAldrich@schwabe.com
`JWrubleski@schwabe.com
`
`
`
`
`
`
`
`5
`
`
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