`Trials@uspto.gov
`571-272-7822 Entered: March 28, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HTC CORPORATION AND HTC AMERICA, INC.,
`Petitioner,
`
`v.
`
`JOE ANDREW SALAZAR,
`Patent Owner.
`____________
`
`Case IPR2018-00273
`Patent 5,802,467
`____________
`
`
`Before JAMESON LEE, MATTHEW J. McNEILL, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`
`McNEILL, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for
`Pro Hac Vice Admission of Dariush Keyhani
`37 C.F.R. § 42.10
`
`
`
`
`IPR2018-00273
`Patent 5,802,467
`
`Joe Andrew Salazar (“Patent Owner”) filed a Motion for Pro Hac
`Vice Admission of Dariush Keyhani. Paper 8 (“Motion”). Patent Owner
`also filed a declaration from Mr. Keyhani in support of the Motion. Ex.
`2001 (“Declaration”). Patent Owner’s Motion indicates HTC Corporation
`and HTC America, Inc. (collectively, “Petitioner”) does not oppose the
`Motion. Paper 8, 1. Petitioner did not file an opposition.
`The Board may recognize counsel pro hac vice during a proceeding
`upon a showing of good cause, subject to the condition that lead counsel is a
`registered practitioner. 37 C.F.R. § 42.10(c). If lead counsel is a registered
`practitioner, a non-registered practitioner may be permitted to appear pro
`hac vice “upon showing that counsel is an experienced litigating attorney
`and has an established familiarity with the subject matter at issue in the
`proceeding.” Id.
`In this proceeding, lead counsel for Patent Owner is Jennifer
`Meredith, a registered practitioner. Paper 4, 2. In support of the Motion,
`Mr. Keyhani declares that he is a member of the New Jersey bar. Ex. 2001
`¶¶ 2, 6. Mr. Keyhani declares that he has never been suspended, disbarred,
`sanctioned or cited for contempt by any court or administrative body, and
`that he has never had an application for admission to practice denied by any
`court or administrative body. Id. ¶¶ 7‒9. Mr. Keyhani declares that he is an
`experienced litigation attorney who is familiar with the subject matter at
`issue in this proceeding based on his representation of Patent Owner in court
`proceedings involving the same technology. Id. ¶¶ 3‒4. Mr. Keyhani also
`declares that he is familiar with the issued claims in U.S. Patent No.
`5,802,467 as well as the prior art references and associated grounds of
`unpatentability involved in this proceeding. Id. ¶ 4. Mr. Keyhani further
`
`2
`
`
`
`IPR2018-00273
`Patent 5,802,467
`
`declares that he has read and will comply with the Office Patent Trial
`Practice Guide and the Board’s Rules of Practice for Trials as set forth in 37
`C.F.R. Part 42, and agrees to be subject to the USPTO’s Rules of
`Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq. and
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. ¶¶ 10‒11.
`Having reviewed the Motion and the Declaration, we conclude that
`Mr. Keyhani has sufficient qualifications to represent Patent Owner in these
`proceedings and that Patent Owner has shown good cause for Mr. Keyhani’s
`pro hac vice admission. See Unified Patents, Inc. v. Parallel Iron, LLC,
`Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7) (setting forth the
`requirements for pro hac vice admission). Mr. Keyhani will be permitted to
`appear pro hac vice in these proceedings as back-up counsel only. See
`37 C.F.R. § 42.10(c).
`Patent Owner is reminded of its obligation under 37 C.F.R. § 42.8 to
`update its mandatory notices with back-up counsel information within 21
`days of a change of information.
`
`ORDER
`ORDERED that Patent Owner’s Motion for Pro Hac Vice Admission
`of Dariush Keyhani Under 37 C.F.R. § 42.10(c) is granted, and Mr. Keyhani
`is authorized to represent Patent Owner only as back-up counsel in these
`proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in these proceedings;
`FURTHER ORDERED that Mr. Keyhani is to comply with the Office
`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
`
`3
`
`
`
`IPR2018-00273
`Patent 5,802,467
`
`FURTHER ORDERED that Mr. Keyhani 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. §§ 11.101–11.901.
`
`
`
`4
`
`
`
`IPR2018-00273
`Patent 5,802,467
`
`
`FOR PETITIONER:
`
`B. Todd Patterson
`Jerry R. Selinger
`PATTERSON+SHERIDAN, LLP
`tpatterson@pattersonsheridan.com
`jselinger@pattersonsheridan.com
`
`
`FOR PATENT OWNER:
`
`Jennifer Meredith
`Sucheta Chitgopekar
`Dariush Keyhani
`MEREDITH & KEYHANI, PLLC
`jmeredith@meredithkeyhani.com
`
`
`5
`
`
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