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Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 15
`Entered: April 2, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
`
`IPR2020-00062 (Patent D811,964 S)
`IPR2020-00063 (Patent D828,255 S)
`IPR2020-00065 (Patent D831,120 S)
`PGR2020-00002 (Patent D847,043 S)
`PGR2020-00003 (Patent D847,703 S)1
`
`Before KEN B. BARRETT, SCOTT A. DANIELS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`1 This Order addresses issues that are the same in all identified proceedings.
`We exercise our discretion to issue one Order to be filed in each proceeding.
`The parties, however, are not authorized to use this style heading in
`subsequent papers.
`
`

`

`IPR2020-00062 (Patent D811,964 S)
`IPR2020-00063 (Patent D828,255 S)
`IPR2020-00065 (Patent D831,120 S)
`PGR2020-00002 (Patent D847,043 S)
`PGR2020-00003 (Patent D847,703 S)
`
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for Pro Hac Vice Admission of
`Joseph A. Herriges
`37 C.F.R. § 42.10
`
`
`
`GM Global Technology Operations LLC (“Patent Owner”) filed
`
`motions for pro hac vice admission of Joseph A. Herriges in the above-listed
`
`proceedings (“Motions”). Paper 9.2 Patent Owner also filed supporting
`
`declarations from Mr. Herriges. Ex. 2002. Patent Owner states that the
`
`Motions are unopposed. Paper 9, 1.
`
`Pursuant to 37 C.F.R. § 42.10(c), the Board 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 its notice
`
`authorizing motions for pro hac vice admission, the Board requires 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 this proceeding. See Paper 3, 2 (citing Unified Patents,
`
`Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15, 2013)
`
`(Paper 7) (representative “Order – Authorizing Motion for Pro Hac Vice
`
`Admission”)).
`
`
`2 All citations are to IPR2020-00062 with the understanding that the other
`proceedings include papers having substantially the same substantive
`content.
`
`
`
`

`

`IPR2020-00062 (Patent D811,964 S)
`IPR2020-00063 (Patent D828,255 S)
`IPR2020-00065 (Patent D831,120 S)
`PGR2020-00002 (Patent D847,043 S)
`PGR2020-00003 (Patent D847,703 S)
`
`
`
`The Board has reviewed the submissions and determined that the
`
`requirements of 37 C.F.R. § 42.10 have been met, and that there is good
`
`cause to admit Mr. Herriges pro hac vice.
`
`It is, therefore,
`
`ORDERED that the Motions for Admission Pro Hac Vice of Joseph
`
`A. Herriges are granted and Mr. Herriges is authorized to represent Patent
`
`Owner only as back-up counsel in these proceedings;
`
`FURTHER ORDERED that Patent Owner must file an updated
`
`mandatory notice identifying Mr. Herriges as back-up counsel in accordance
`
`with 37 C.F.R. § 42.8(b)(3);
`
`FURTHER ORDERED that a registered practitioner will continue to
`
`represent Patent Owner as lead counsel in the above-listed proceedings;
`
`FURTHER ORDERED that Mr. Herriges shall comply with the
`
`Office Patent Trial Practice Guide, as updated by the Consolidated 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;3 and
`
`FURTHER ORDERED that that Mr. Herriges is subject to the
`
`USPTO’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`
`
`3 The Declaration states that “I have read and will comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
`forth in part 42 of the Code of Federal Regulations.” Ex. 2002 ¶ 5. The
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`Trials are set forth in Part 42 of Title 37, Code of Federal Regulations. We
`understand the Declarant to be referring to those provisions.
`
`
`
`

`

`IPR2020-00062 (Patent D811,964 S)
`IPR2020-00063 (Patent D828,255 S)
`IPR2020-00065 (Patent D831,120 S)
`PGR2020-00002 (Patent D847,043 S)
`PGR2020-00003 (Patent D847,703 S)
`
`
`seq. and to the USPTO’s disciplinary jurisdiction under 37 C.F.R.
`
`§ 11.19(a).
`
`
`
`
`
`
`
`

`

`IPR2020-00062 (Patent D811,964 S)
`IPR2020-00063 (Patent D828,255 S)
`IPR2020-00065 (Patent D831,120 S)
`PGR2020-00002 (Patent D847,043 S)
`PGR2020-00003 (Patent D847,703 S)
`
`
`PETITIONER:
`
`Barry Irwin
`birwin@irwinip.com
`
`Reid Huefner
`rhuefner@irwinip.com
`
`PATENT OWNER:
`
`Dorothy Whelan
`whelan@fr.com
`
`Craig Deutsch
`deutsch@fr.com
`
`Grace Kim
`gkim@fr.com
`
`
`
`
`

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