`§71-272-7822
`
`Paper 35
`Date: October 30, 2013
`
`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`adidas AG
`Petitioner
`
`v.
`
`NIKE,Inc.
`Patent Owner
`
`Case IPR2013-00067
`Patent 7,347,011 B2
`
`Before JOSIAH C. COCKS, MICHAEL J. FITZPATRICK,and
`JAMES B. ARPIN, Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`DECISION
`Motion to Withdraw
`37 CER. § 42. 10(e)
`
`OnJuly 11, 2013, Petitioner filed a motionto authorize withdrawalofits
`
`current lead counsel, Geoffrey Kk. Gavin, and the appointment of a new lead
`
`counsel. Motion (Paper 26) 2. Further, Petitioner contemporaneously filed a new
`
`power of attorney (Paper 27) appointing Mitchell G. Stockwell (Reg. No. 39, 389}
`
`
`
`TPR2013-00067
`Patent 7,347,011 B2
`
`as the new lead counsel and maintainmg Wab P. Kadaba (Reg. No. 45,865) as
`
`back-up counsel. No opposition has been filed, and Petitioner indicates that Patent
`
`Owner does not oppose the appointment of Mr. Stockwell as new lead counsel.
`
`Motion 3. For the following reasons, the motion is granted.
`
`DISCUSSION
`
`Counsel may withdrawfrom an inter partes review proceeding only with
`
`authorization from the Board. 37 C.F.R. § 42.10(e). Normally, this is
`
`accomplishedby filing a motion to withdraw, which requires Board authorization
`
`before filmg. See 37 C.FLR. § 42.20(b). Once authorization is granted, the motion
`
`thenis made by the attorney(s) secking to withdraw. See, e.g., IPR2013-00010,
`
`Paper 30.
`
`Here, Petitioner filed a motion to authorize withdrawal of counsel. The
`
`motion was not authorized in advance by the Board. It was accompanied by a new
`
`powerof attorney that revoked the previous powerof attorney and appointed new
`
`lead counsel. The motion was signed by back-up counsel, rather than by the
`
`withdrawing counsel.
`
`Petitioner has not followed the correct procedure. Nevertheless, because
`
`there is no prejudice shown, the Board waives the requirement for authorization
`
`and treats the motion as if it were properly authorized and filed by the withdrawing
`
`counsel. Petitioner is mstructed to seck Board authorization, where required, for
`
`any further motions filed in this proceeding.
`
`Turning to the merits, the motion designates new lead counsel, who is a
`
`registered practitioner, and does not seek any time extensions. Under the
`
`circumstances, we see no reason to deny the motion.
`
`It is therefore
`
`ORDERED that Petitioner’s Motion is granted;
`
`2
`
`
`
`1PR2013-00067
`Patent 7,347,011 B2
`
`FURTHER ORDEREDthat Geoffrey K. Gavin is permitted to withdraw as
`
`counsel in this proceeding;
`
`FURTHER ORDEREDthat Mitchell G. Stockwell is recognized as
`
`Petitioner’s lead counsel in these proceedings; and
`
`FURTHER ORDEREDthat Petitioner shall update the Board’s electronic
`
`filing system to reflect the change in lead counsel.
`
`PETITIONER:
`
`Mitchell G. Stockwell
`Vaibhav P. Kadaba
`Kilpatrick Townsend & Stockton LLP
`mstockwell@kilpatricktownsend.com
`wkabada@kilpatricktownsend.com
`
`PATENT OWNER:
`
`Jonathan van Es
`Thomas Pratt
`Joseph M. Skerpon
`H. Wayne Porter
`Banner & Witcoff, Ltd.
`pvanes@bannerwiicoff.com
`tpratt(@bannerwitcoff.com
`jskerpon@bannerwitcoff.com
`wporter@bannerwitcoff.com
`
`
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