X Corp. v. Search & Share Technologies, LLC

Sep 1, 2026
IPR2026-00235

TSANG, Administrative Patent Judge.

ORDER

Granting Patent Owner‘s Motions for Admission Pro Hac Vice of Joseph Delich and Kyle Roche

37 C.F.R. § 42.10

On August 24, 2026, Patent Owner filed Motions for admission pro hac vice of Joseph Delich and Kyle Roche (Papers 17, 18 (collectively, “Motions“))2 in each of the above-identified proceedings. Patent Owner also filed Declarations of Mr. Delich and Mr. Roche (Exs. 2100, 2101 (collectively, “Declarations“)) in support of the Motions. Patent Owner indicates that Petitioner does not oppose the Motions. Papers 17, 1; 18, 1. For the reasons provided below, Patent Owner‘s Motions are granted.

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, 3–5 (Notice of Filing Date Accorded); Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (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 Mr. Delich and Mr. Roche have sufficient legal and technical qualifications to represent Patent Owner in the above-identified proceedings, that Mr. Delich and Mr. Roche have demonstrated sufficient familiarity with the subject matter of these proceedings, and that Mr. Delich and Mr. Roche meet all other requirements for admission pro hac vice. See Exs. 2100 ¶¶ 1–10, 2101 ¶¶ 1–10. Accordingly, Patent Owner has established good cause for pro hac vice admission of Mr. Delich and Mr. Roche. Mr. Delich and Mr. Roche will be permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).

Patent Owner has filed a Power of Attorney including Mr. Delich and Mr. Roche in accordance with 37 C.F.R. § 42.10(b). Paper 16. Patent Owner has also filed Mandatory Notices identifying Mr. Delich and Mr. Roche as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3). Paper 15.

Accordingly, it is:

ORDERED that Patent Owner‘s Motions for pro hac vice admission of Joseph Delich and Kyle Roche are granted;

FURTHER ORDERED that Patent Owner is to continue to have a registered practitioner represent it as lead counsel for the above-identified proceedings;

FURTHER ORDERED that Mr. Delich and Mr. Roche are authorized to represent Patent Owner as back-up counsel only in the above-identified proceedings;

FURTHER ORDERED that Mr. Delich and Mr. Roche are to comply with the Consolidated Trial Practice Guide3 (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 Mr. Delich and Mr. Roche shall be 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.

Notes

1
This Order applies to each of the captioned proceedings. The parties are not permitted to use this style of caption.
2
We cite to papers and exhibits filed in IPR2026-00235. Corresponding items were filed in IPR2026-00244.
3
Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.