`571.272.7822
`
`
`
`
`
`
` Paper No. 38
` Entered: April 23, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00516
`IPR2019-00528
`(Patent 8,279,173 B2)1
`___________
`
`
`
`Before SALLY C. MEDLEY, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion for Pro Hac Vice
`Admission of Sam Stake
`37 C.F.R. § 42.10
`
`
`
`1 This order is being filed in each proceeding listed in the caption. The
`parties may use this style heading only if the paper includes a statement
`certifying that the identical paper is being filed in each proceeding listed in
`the caption.
`
`
`
`
`
`IPR2019-00516
`IPR2019-00528
`(Patent 8,279,173 B2)
`
`
`Patent Owner filed a Motion for pro hac vice admission of Sam Stake
`in each of the above-captioned proceedings. Paper 35 (“Motion” or
`“Mot.”).2 Patent Owner also filed a Declaration of Mr. Stake in support of
`the Motion. Ex. 2013. Patent Owner represents that Petitioner does not
`oppose the Motion. Mot. 2.3
`Pursuant to 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 Motion states
`that there is good cause for the Board to recognize Mr. Stake as counsel pro
`hac vice because Mr. Stake is an experienced litigation attorney with a
`significant amount of patent infringement litigation experience, and because
`Mr. Stake has established familiarity with the subject matter at issue in the
`instant proceedings. Mot. 2–3; see also Ex. 2013 ¶¶ 2, 8. The Motion also
`indicates that Patent Owner’s lead counsel, James M. Glass, is a registered
`practitioner. Mot. 2; see also Paper 33, 2.
`Based on the facts stated in the Motion and averred in the Declaration,
`we conclude that Mr. Stake has sufficient qualifications to represent Patent
`Owner in the instant proceedings. The Motion is hereby granted, and
`Mr. Stake will be permitted to appear pro hac vice the instant proceedings as
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`
`2 For purposes of expediency, we cite to the Motion and Declaration filed in
`IPR2019-00516, unless otherwise indicated.
`3 Patent Owner’s Motion does not include page numbers. For convenience,
`we refer herein to the pages of the Motion as if numbered consecutively
`beginning with the cover page as page 1.
`
`2
`
`
`
`IPR2019-00516
`IPR2019-00528
`(Patent 8,279,173 B2)
`
`
`We note that Patent Owner filed a power of attorney for Mr. Stake.
`Paper 33. Additionally, Patent Owner’s mandatory notices have been
`updated to include Mr. Stake. Paper 34.
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`Sam Stake in each of the instant proceedings is granted;
`FURTHER ORDERED that Mr. Stake is authorized to represent
`Patent Owner only as back-up counsel in the instant proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel in the instant proceedings;
`FURTHER ORDERED that Mr. Stake is to comply with the Office
`Patent Trial Practice Guide (84 Fed. Reg. 64,280 (Nov. 21, 2019)), 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. Stake 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.
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2019-00516
`IPR2019-00528
`(Patent 8,279,173 B2)
`
`
`
`PETITIONER:
`Heidi L. Keefe
`Andrew C. Mace
`Mark R. Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
`
`PATENT OWNER:
`James M. Glass
`Richard Lowry
`John McKee
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`richardlowry@quinnemanuel.com
`qe-blackberry-ipr@quinnemanuel.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
