`571.272.7822
`
`
`
`
`
`
` Paper No. 52
` Entered: March 18, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RTI SURGICAL, INC.,
`Petitioner,
`
`v.
`
`LIFENET HEALTH,
`Patent Owner.
`____________
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)1
`____________
`
`
`
`Before GEORGE R. HOSKINS, TIMOTHY J. GOODSON, and
`CHRISTOPHER C. KENNEDY, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motions for Pro Hac Vice
`Admission of Jacob Zambrzycki
`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.
`
`
`
`
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)
`
`In each of the above-identified proceedings, Patent Owner filed a
`Motion for Pro Hac Vice Admission of Jacob Zambrzycki (Paper 49,
`collectively “Motions”), supported by a Declaration of Mr. Zambrzycki
`(Ex. 2090).2 Patent Owner represents that Petitioner does not oppose the
`Motions. Paper 49, 1.
`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. Upon review of
`Patent Owner’s Motions and supporting evidence, we determine that Patent
`Owner has demonstrated that Mr. Zambrzycki has sufficient legal and
`technical qualifications to represent Patent Owner in these proceedings, and
`that there is good cause for admitting Mr. Zambrzycki pro hac vice.
`We note that Patent Owner’s current Power of Attorney “appoints the
`Practitioners associated with United States Patent & Trademark Office
`Customer No. 106224,” which does not appear to encompass
`Mr. Zambrzycki because he is not a registered practitioner before the U.S.
`Patent & Trademark Office. Paper 5. Additionally, Mr. Zambrzycki is not
`included in Patent Owner’s Mandatory Notices. Paper 20. Accordingly,
`Patent Owner must submit Powers of Attorney for Mr. Zambrzycki 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).
`Accordingly, it is
`ORDERED that Patent Owner’s Motions for Pro Hac Vice Admission
`of Jacob Zambrzycki are granted, and Mr. Zambrzycki is authorized to
`
`2 For purposes of expediency, we cite to the Motion and Declaration filed in
`IPR2019-00569, unless otherwise indicated. Patent Owner filed a similar
`Motion and Declaration in IPR2019-00570.
`
`2
`
`
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)
`
`represent Patent Owner only as back-up counsel in the above-identified
`proceedings;
`FURTHER ORDERED that Patent Owner must submit a Power of
`Attorney for Mr. Zambrzycki in each of the above-identified proceedings in
`accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Patent Owner shall file updated
`Mandatory Notices identifying Mr. Zambrzycki as back-up counsel in each
`of the above-identified proceedings 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 above-identified
`proceedings; and
`FURTHER ORDERED that Mr. Zambrzycki 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. Zambrzycki 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
`
`
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)
`
`
`PETITIONER:
`
`Herbert D. Hart III
`David D. Headrick
`Alejandro Menchaca
`Gregory C. Schodde
`Scott P. McBride
`MCANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`dheadrick@mcandrews-ip.com
`amenchaca@mcandrews-ip.com
`gschodde@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`
`PATENT OWNER:
`
`Michael H.Jacobs
`Deborah H. Yellin
`Vincent J. Galluzzo
`Shannon Lentz
`Ali H.K. Tehrani
`CROWELL & MORING LLP
`mjacobs@crowell.com
`dyellin@crowell.com
`vgalluzzo@crowell.com
`slentz@crowell.com
`atehrani@crowell.com
`
`4
`
`
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