Trials@uspto.gov
`571-272-7822
`
`Paper: 30
`Entered: January 22, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ENSIGN US SOUTHERN DRILLING LLC,
`Petitioner,
`
`v.
`
`C&M OILFIELD RENTALS, LLC D/B/A C-MOR ENERGY SERVICES,
`Patent Owner.
`____________
`
`IPR2023-00804
`Patent 10,976,016 B2
`____________
`
`Before NORMAN H. BEAMER, KEVIN C. TROCK, and
`JULIA HEANEY, Administrative Patent Judges.
`
`HEANEY, Administrative Patent Judge.
`
`
`ORDER
`Conditionally Granting Patent Owner’s Motions for Pro Hac Vice
`Admission of KARON N. FOWLER and GENNADIY T. LOZNEV
`37 C.F.R. § 42.10
`
`
`
`571-272-7822
`
`Paper: 30
`Entered: January 22, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ENSIGN US SOUTHERN DRILLING LLC,
`Petitioner,
`
`v.
`
`C&M OILFIELD RENTALS, LLC D/B/A C-MOR ENERGY SERVICES,
`Patent Owner.
`____________
`
`IPR2023-00804
`Patent 10,976,016 B2
`____________
`
`Before NORMAN H. BEAMER, KEVIN C. TROCK, and
`JULIA HEANEY, Administrative Patent Judges.
`
`HEANEY, Administrative Patent Judge.
`
`
`ORDER
`Conditionally Granting Patent Owner’s Motions for Pro Hac Vice
`Admission of KARON N. FOWLER and GENNADIY T. LOZNEV
`37 C.F.R. § 42.10
`
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`
`On December 11, 2023, Patent Owner filed motions requesting pro
`hac vice admission of Karon N. Fowler and Gennadiy T. Loznev. Papers 19
`and 20 (collectively “Motions”). Patent Owner also submitted Declarations
`from Karon N. Fowler (Ex. 2004) and Gennadiy T. Loznev (Ex. 2005) in
`support of the Motions (collectively “Declarations”).
`Patent Owner attests that Petitioner does not oppose the Motions.
`Papers 19, 2; 20, 2.
`For the reasons provided below, Patent Owner’s Motions are
`conditionally granted.
`In accordance with 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
`authorizing a motion for pro hac vice admission, the Board requires the
`moving party to provide 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 the proceeding. See Unified Patents,
`Inc. v. Parallel Iron, LLC, IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7)
`(representative “Order – Authorizing Motion for Pro Hac Vice Admission”).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Ms. Fowler and Mr. Loznev each have
`sufficient legal and technical qualifications to represent Patent Owner in this
`proceeding, that Ms. Fowler and Mr. Loznev have each demonstrated
`sufficient litigation experience and familiarity with the subject matter of this
`proceeding, and that Ms. Fowler and Mr. Loznev meet all other
`requirements for admission pro hac vice. See Exs. 2004 and 2005.
`Accordingly, Patent Owner has established good cause for pro hac vice
`
`
`
`2
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`admission of Ms. Fowler and Mr. Loznev. Ms. Fowler and Mr. Loznev will
`be permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`Upon review of the record before us, we note that a Power of Attorney
`in accordance with 37 C.F.R. § 42.10(b) has not been submitted for Ms.
`Fowler and Mr. Loznev. Therefore, Patent Owner’s Motion is conditionally
`granted, and is to be effective after Patent Owner files the aforementioned
`Power of Attorney.
`Patent Owner has also not filed updated Mandatory Notices
`identifying Ms. Fowler and Mr. Loznev as back-up counsel. Therefore,
`Patent Owner must file an updated Mandatory Notice identifying Ms.
`Fowler and Mr. Loznev as back-up counsel in accordance with 37 C.F.R.
`§ 42.8(b)(3).
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Karon N. Fowler and Gennadiy T. Loznev are conditionally granted,
`provided that within ten (10) business days of the date of this order, Patent
`Owner submits a Power of Attorney for Karon N. Fowler and Gennadiy T.
`Loznev in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Patent Owner must file an updated
`mandatory notice identifying Ms. Fowler and Mr. Loznev 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 this proceeding;
`FURTHER ORDERED that Ms. Fowler and Mr. Loznev are
`authorized to represent Patent Owner as back-up counsel only in this
`proceeding;
`
`
`
`3
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`
`FURTHER ORDERED that Ms. Fowler and Mr. Loznev comply with
`the Patent Trial and Appeal Board Consolidated Trial Practice Guide1 (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 Ms. Fowler and Mr. Loznev are 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.
`
`
`
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`4
`
`
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`FOR PETITIONER:
`
`Chad C. Walters
`Douglas M. Kubehl
`Jeffery S. Becker
`Joseph Andrew Grado
`BAKER BOTTS L.L.P.
`chad.walters@bakerbotts.com
`doug.kubehl@bakerbotts.com
`jeff.becker@bakerbotts.com
`Andrew.grado@bakerbotts.com
`
`FOR PATENT OWNER:
`
`Lawrence P. Cogswell III, Ph.D.
`Timothy J. Meagher
`Keith J. Wood
`HAMILTON, BROOK, SMITH & REYNOLDS, P.C.
`lawrence.cogswell@hbsr.com
`timothy.meagher@hbsr.com
`keith.wood@hbsr.com
`
`
`
`5
`
`
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
