Bloomberg, Inc. v. Markets-Alert PTY Ltd.


Paper 13, November 26, 2012

CBM2013-00005 (JYC) (Patent 7,941,357)

[A counsel may appear pro hac vice upon showing of good cause, for example when counsel represented the client in federal courts regarding the patent at issue]

FACTS

Patent Owner filed a motion for a counsel to appear pro hac vice; Petitioner did not oppose.

HOLDING

Motion granted. The Board noted that pursuant to 37 C.F.R. ยง 42.10(c), it may recognize counsel pro hac vice upon showing of good cause and provided that the lead counsel is a registered practitioner. The Board requires a statement of facts showing good cause for such an appearance and an affidavit of the individual seeking to appear. In this case, the movant demonstrated good cause by showing that counsel was an experienced litigator familiar with the subject matter of the proceedings who represented the Patent Owner in several district court actions involving the patent at issue. In her affidavit, the counsel attested that she was a member of a state Bar in good standing and experienced in intellectual property litigation and agreed to be subject to the USPTO Code of Professional Responsibility.

TAKEAWAY

The Board may recognize counsel pro hac vice upon showing of good cause, for example that the counsel is familiar with the subject matter of the proceedings and represented client in district court action involving the same patent at issue.

 

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