Takeaway: A Motion for Pro Hac Vice Admission can be supported by evidence of the attorney’s familiarity with the subject matter of the proceeding and of the attorney’s good standing of the state bar in which the attorney has been admitted.

In its Decision, the Board granted Patent Owner’s Revised Motion for Pro Hac Viceadmission of counsel.  In particular, the Board reversed a previous Decision and concluded that attorney Thomas E. Lynch, III was authorized to serve as back-up counsel representing Patent Owner in this proceeding.

Patent Owner had filed a Revised Motion for Pro Hac Vice admission of Thomas E. Lynch, III along with an affidavit by Mr. Lynch in support of the Revised Motion, and Petitioner filed an Opposition to the Revised Motion.  A previous Motion for Pro Hac Vice admission of Mr. Lynch had been denied in Paper No. 28 in this proceeding.

The Board granted the Revised Motion, finding that Patent Owner had sufficiently shown that  Mr. Lynch has had extensive experience litigating cases, including intellectual property cases.  The Board also found that Patent Owner had sufficiently shown that Mr. Lynch had “an established familiarity with the subject matter of this proceeding” and that he was a member in good standing of the Maryland Bar.

Kaiser Aluminum v. Constellium Rolled Products Ravenswood, LLC, IPR2014-01002
Paper 31: Decision Granting Patent Owner’s Revised Motion for Pro Hac ViceAdmission of Thomas E. Lynch, III
Date: March 13, 2015
Patent: 7,229,509 B2
Before: Jo-Anne M. Kokoski
Written by: Kokoski