`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
` Paper No. 100
`
`
` Entered: July 22, 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
`Patent Owner’s Motion to Withdraw Counsel
`37 C.F.R. § 42.10
`
`
`
`IPR2017-00134
`Patent 8,709,027 B2
`
`
`On July 2, 2020, Patent Owner filed a Motion to Withdraw Counsel.
`Paper 98 (“Motion”). The Motion requests withdrawal of Jeffrey Martin as
`back-up counsel for Patent Owner, pursuant to 37 C.F.R. § 42.10(e).
`Motion 1. According to Patent Owner, “Petitioner has informed Patent
`Owner that it does not oppose this motion.” Id. Patent Owner therefore
`respectfully requests that this Motion be granted. Id.
`A party represented by counsel must designate a lead counsel and at
`least one back-up 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, Patent Owner asserts that it “will file an updated power of
`attorney and mandatory notice if this motion is granted.” Under these
`circumstances, Patent Owner does not need to file an updated power of
`attorney. Mr. Martin, however, will remain back-up counsel of record until
`Patent Owner has filed updated mandatory notices. See 37 C.F.R.
`§ 42.8(a)(3).
`In view of the foregoing, we conditionally grant Patent Owner’s
`Motion. Mr. Martin will be authorized to withdraw as counsel effective
`upon Patent Owner’s filing of updated mandatory notices.
`
`
`
`
`2
`
`
`
`IPR2017-00134
`Patent 8,709,027 B2
`
`
`It is
`ORDERED that the Patent Owner’s Motion to Withdraw Counsel
`(Paper 98) is conditionally granted, effective upon Patent Owner’s filing of
`updated mandatory notices; and
`FURTHER ORDERED that Jeffrey Martin shall be withdrawn from
`this proceeding, effective upon Patent Owner’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
`ARNOLD & PORTER LLP
`David.caine@aporter.com
`Wallace.wu@aporter.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
