`571-272-7822
`
`Paper: 15
`Date: November 27, 2023
`
`
`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 Petitioner’s Motion for
`Pro Hac Vice Admission of Neil Kelly
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`
`On November 13, 2023, Petitioner filed a motion for pro hac vice
`admission of Neil Kelly in the above-identified proceeding (“Motion”).
`Paper 12. Petitioner also filed a declaration from Mr. Kelly in support of the
`Motion (“Declaration”). Paper 131. Petitioner asserts that the Motion is
`unopposed. Motion 2.
`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 5, 2 (citing Unified Patents, Inc. v.
`Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (“Order
`– Authorizing Motion for Pro Hac Vice Admission”) (“Unified Patents”)).
`Based on the facts set forth in the Motion and the accompanying
`Declaration, we conclude that Mr. Kelly has sufficient legal and technical
`qualifications to represent Petitioner in this proceeding, that Mr. Kelly has
`demonstrated sufficient litigation experience and familiarity with the subject
`matter of this proceeding, and that Mr. Kelly meets all other requirements
`for admission pro hac vice. Accordingly, Petitioner has established good
`cause for pro hac vice admission of Mr. Kelly.
`
`
`1 Petitioner filed the Declaration as a Paper. We excuse this mistake on this
`occasion, but remind the parties that affidavits and declarations must be filed
`as exhibits. See 37 C.F.R. § 42.63(a) (“Evidence consists of affidavits,
`transcripts of depositions, documents, and things. All evidence must be filed
`in the form of an exhibit.”).
`
`
`
`2
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`
`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
`Mr. Kelly. In view thereof, and for the reasons set forth below, Petitioner’s
`Motion is conditionally granted, and is to be effective after Petitioner files
`the aforementioned Power of Attorney.
`Petitioner has not filed updated mandatory notices identifying
`Mr. Kelly as back-up attorney. Therefore, Petitioner must file an updated
`mandatory notice identifying Mr. Kelly as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3).
`
`Accordingly, it is:
`ORDERED that Petitioner’s Motion for pro hac vice admission of
`Neil Kelly is conditionally granted, provided that within ten (10) business
`days of the date of this order, Petitioner must submit a Power of Attorney for
`Mr. Kelly in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Petitioner must file an updated
`mandatory notice identifying Mr. Kelly as back-up counsel in accordance
`with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceeding, Mr. Kelly is authorized to represent Petitioner as back-up
`counsel only;
`FURTHER ORDERED that Mr. Kelly is to comply with the Patent
`Trial and Appeal Board’s Consolidated Trial Practice Guide2 (November
`
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`
`
`IPR2023-00804
`Patent 10,976,016 B2
`
`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. Kelly shall be subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules
`of Professional Conduct under 37 C.F.R. §§ 11.101 et seq.
`
`
`
`
`
`
`
`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
`
`
`
`4
`
`
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