`571-272-7822
`
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`
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`Paper No. 96
`
`
` Entered: June 30, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COOK GROUP INCORPORATED
`and
`COOK MEDICAL LLC,
`Petitioner,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner.
`____________
`
`IPR2017-00134
`Patent 8,709,027 B2
`____________
`
`
`Before, JAMES T. MOORE, JAMES A. TARTAL, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Conditionally Granting
`Petitioner’s Motion to Withdraw and Substitute Counsel
`37 C.F.R. § 42.10
`
`
`
`IPR2017-00134
`Patent 8,709,027 B2
`
`
`On June 24, 2020, with our prior authorization, Petitioner filed a
`Motion for Withdrawal and Substitution of Counsel. Paper 95 (“Motion”).
`The Motion requests withdrawal of Dominic P. Zanfardino as lead counsel
`and James M. Oehler as back-up counsel for Petitioner, pursuant to
`37 C.F.R. § 42.10(e), and the substitution of Jeffry M. Nichols (Reg. No.
`46,958) of Brinks Gilson & Lione. Motion 1. According to Petitioner,
`“Patent Owner has informed Petitioners that it does not oppose this motion.”
`Id. Petitioner therefore respectfully requests that this Motion be granted. Id.
`A party represented by counsel must designate a lead counsel and at
`least one backup counsel. 37 C.F.R. § 42.10(a). Counsel may not withdraw
`from an inter partes review proceeding unless the Board authorizes such
`withdrawal. Id. § 42.10(e). A power of attorney must be filed with the
`designation of counsel, unless the designated counsel is already counsel of
`record. Id. § 42.10(b). The parties must provide certain mandatory notices,
`including identification of lead and back-up counsel. Id. § 42.8. Where
`there is a change of information, a party must file a revised notice within 21
`days of the change. Id. § 42.8(a)(3).
`Here, Petitioner asserts that it “will file an updated power of attorney
`and mandatory notice if this motion is granted.” There is no need for
`Petitioner to file an updated power of attorney because Mr. Nichols is
`already counsel of record in this proceeding. See Paper 1, 2.
`Mr. Zanfardino will remain lead counsel of record and Mr. Oehler will
`remain back-up counsel of record until Petitioner has filed updated
`Mandatory notices. See 37 C.F.R. § 42.8(a)(3).
`
`
`
`2
`
`
`
`IPR2017-00134
`Patent 8,709,027 B2
`
`
`In view of the foregoing, we conditionally grant Petitioner’s Motion.
`Mr. Zanfardino and Mr. Oehler will be authorized to withdraw as counsel
`effective upon Petitioner’s filing of updated Mandatory notices.
`
`It is
`ORDERED that the Petitioner’s Motion for Withdrawal and
`Substitution of Counsel (Paper 95) is conditionally granted, effective upon
`Petitioner’s filing of updated Mandatory notices; and
`FURTHER ORDERED that Dominic P. Zanfardino and James M.
`Oehler shall be withdrawn from this proceeding, effective upon Petitioner’s
`filing of updated Mandatory notices.
`
`
`
`
`
`3
`
`
`
`IPR2017-00134
`Patent 8,709,027 B2
`
`For PETITIONER:
`
`Dominic Zanfardion
`Jeffry Nichols
`Jason Scigelone
`James Oehler
`Robert Mallin
`Andrew S. McElligott
`BRINKS GILSON & LIONE
`dpz@brinksgilson.com
`jnichols@brinksgilson.com
`jschigelone@brinksgilson.com
`joehler@brinksgilson.com
`mallin@brinksgilson.com
`amcelligott@brinksgilson.com
`
`
`For PATENT OWNER:
`
`David Caine
`Wallace Wu
`Jeffrey Martin
`ARNOLD & PORTER LLP
`David.caine@aporter.com
`Wallace.wu@aporter.com
`Jeffrey.martin@arnoldporter.com
`
`
`
`4
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`
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