`Tel: 571-272-7822
`
`
`
`
`Paper 24
`Entered: June 6, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HEARTLAND TANNING, INC.
`Petitioner
`
`v.
`
`SUNLESS, INC.
`Patent Owner
`_______________
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`_______________
`
`
`Before FRANCISCO C. PRATS, RAMA G. ELLURU, and JAMES A. TARTAL,
`Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`
`DECISION
`On Motion to Withdraw
`37 C.F.R. § 42.10(e)
`
`
`
`
`
`
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`
`
`Patent Owner Sunless, Inc. (“Sunless”) has filed a motion to withdraw its
`
`current counsel, Messrs. Steven M. Auvil and Bryan J. Jaketic, and to designate
`
`current backup counsel, Mr. Frank M. Gasparo, as lead counsel (leaving Mr. Adam
`
`R. Hess as backup counsel). Paper 23.1 In support of its motion, Sunless asserts
`
`that: (1) Mr. Gasparo meets the requirements of 37 C.F.R. § 42.10(c) for lead
`
`counsel and is a registered practitioner; and (2) Messrs. Gasparo and Hess have
`
`read and intend to comply with the Office Patent Trial Practice Guide and the
`
`Board’s Rules of Practice for Trials, as set forth in Part 42 of the C.F.R. Id.
`
`Sunless further indicates that a Power of Attorney has previously been submitted
`
`appointing Messrs. Gasparo and Hess as additional counsel to transact all business
`
`in the Office related to the above-captioned inter partes review. See Paper 20.
`
`Lastly, Sunless indicates that Petitioner has no objections to the appointment of
`
`Mr. Gasparo as lead counsel. Paper 23.
`
`Sunless will not be unrepresented after withdrawal of its current lead
`
`counsel. Mr. Gasparo, who is the current backup counsel for Sunless, will remain
`
`as lead counsel in this case.
`
`On the basis of the foregoing, the motion is granted.
`
`
`1 Normally, a motion to withdraw requires Board authorization before filing. See
`37 C.F.R. § 42.20(b). Once authorization is granted, the motion then is made by
`the attorneys seeking to withdraw. See, e.g., Motorola Mobility LLC v. Arnouse
`Devices Corp., Case IPR2013-00010 (PTAB April 19, 2013) (Paper 30).
`Here, the motion to withdraw was filed by Sunless without prior authorization by
`the Board. Because there is no apparent prejudice in this instance, however, the
`Board will waive the requirement for prior authorization. Sunless is instructed to
`seek Board authorization, unless otherwise not required, prior to filing any further
`motions in this proceeding.
`
` 2
`
`
`
`
`
`
`
`
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`
`
`It is
`
`Order
`
`ORDERED that Messrs. Steven M. Auvil and Bryan J. Jaketic are no longer
`
`recognized as counsel for Sunless in this proceeding;
`
`FURTHER ORDERED that Mr. Frank M. Gasparo is recognized as
`
`lead counsel for Sunless, effective the date of this decision;
`
`
`
`FURTHER ORDERED that Sunless update its mandatory notices to reflect
`
`new counsel. See 37 C.F.R. § 42.8; and
`
`FURTHER ORDERED that, in further filings in this proceeding, Sunless
`
`shall observe the requirement for Board approval set forth in 37 C.F.R.§ 42.20(b).
`
` 3
`
`
`
`
`
`FOR PETITIONER:
`
`Rudolph A. Telscher, Jr.
`Douglas A. Robinson
`Greg W. Meyer
`HARNESS, DICKEY & PIERCE, PLC
`rtelscher@hdp.com
`drobinson@hdp.com
`gmeyer@hdp.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`
`
`
`FOR PATENT OWNER:
`
`Steven M. Auvil
`Bryan J. Jaketic
`SQUIRE SANDERS (US) LLP
`steven.auvil@squiresanders.com
`bryan.jaketic@squiresanders.com
`
`
`
`Frank M. Gasparo
`Adam R. Hess
`VENABLE LLP
`FMGasparo@Venable.com
`ARHess@Venable.com
`
`
`
` 4
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
