`571-272-7822
`
`
` Paper No. 13
` Entered: May 1, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`VIZIO, INC.,
`Petitioner,
`
`v.
`
`
`
`
`NICHIA CORP.,
`Patent Owner.
`____________
`
`Cases1
`IPR2018-00386 (Patent 9,490,411)
`IPR2018-00437 (Patent 9,537,071)
`______________
`
`Before SALLY C. MEDLEY, WILLIAM V. SAINDON, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`ENGELS, Administrative Patent Judge.
`
`
`ORDER
`Decision on Motion for Admission
`Pro Hac Vice of DEREK F. DAHLGREN
`37 C.F.R. § 42.10
`
`
`1 This Order addresses issues that are the same in each case. Therefore, we
`exercise our discretion to issue one paper to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`
`IPR2018-00386 (Patent 9,490,411)
`IPR2018-00437 (Patent 9,537,071)
`
`Patent Owner filed a motion for pro hac vice admission of Derek F.
`
`Dahlgren in each of these proceedings. Paper 10.2 Each motion is supported
`
`by a declaration of Mr. Dahlgren. Paper 11.3 Petitioner has not filed an
`
`opposition to these motions. The Board has reviewed the submissions and
`
`determined that the requirements of 37 C.F.R. § 42.10 have been met and
`
`there is good cause to admit Mr. Dahlgren pro hac vice.
`
`Patent Owner provides Powers of Attorney for all practitioners
`
`associated with Customer Number 06449. Paper 5. Mr. Dahlgren, however,
`
`is not associated with Customer Number 06449. Accordingly, Patent Owner
`
`must submit a Power of Attorney for Mr. Dahlgren in accordance with
`
`37 C.F.R. § 42.10(b), and must update its mandatory notices as required by
`
`37 C.F.R. § 42.8(b)(3).
`
`
`
`It is, therefore,
`
`ORDER
`
`ORDERED that Patent Owner’s Motions for Pro Hac Vice Admission
`
`of Derek F. Dahlgren are granted, and Mr. Dahlgren is authorized to
`
`represent Patent Owner only as back-up counsel in the instant proceedings;
`
`FURTHER ORDERED that, within seven (7) business days of the
`
`date of this Order, Patent Owner must submit a Power of Attorney for
`
`Mr. Dahlgren in accordance with 37 C.F.R. § 42.10(b);
`
`
`2 Paper numbers refer to IPR2018-00386.
`3 Patent Owner filed the Declaration as a paper (Paper 11) in the Patent
`Trial and Appeal Board End to End (PTAB E2E) system. The parties are
`reminded that affidavits and declarations must be filed as exhibits so that
`they may be referenced individually by exhibit number. See 37 C.F.R.
`§ 42.63.
`
`2
`
`
`
`IPR2018-00386 (Patent 9,490,411)
`IPR2018-00437 (Patent 9,537,071)
`
`FURTHER ORDERED that Patent Owner must file an updated
`
`mandatory notice identifying Mr. Dahlgren 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 the instant proceeding;
`
`FURTHER ORDERED that Mr. Dahlgren 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. Dahlgren is to be 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.
`
`
`
`PETITIONER:
`
`Gabrielle E. Higgins
`Gabrielle.higgins@ropesgray.com
`
`Kathryn N. Hong
`Kathryn.hong@ropesgray.com
`
`PATENT OWNER:
`
`Martin Zoltick
`mzoltick@rfem.com
`
`Michael Jones
`mjones@rfem.com
`
`Mark Rawls
`mrawls@rfem.com
`
`
`
`3
`
`
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