`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 35
`Entered: May 1, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NETAPP, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-00276
`Patent 6,633,945
`_______________
`
`
`Before JEFFREY S. SMITH, JENNIFER S. BISK, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for
`Withdrawal and Substitution of Lead Counsel
`37 C.F.R. § 42.10
`
`
`
`IPR2017-00276
`Patent 6,633,945
`
`
`Patent Owner moves to withdraw Lori A. Gordon as lead counsel because
`she “is no longer associated with the law firm STERNE, KESSLER, GOLDSTEIN
`& FOX, P.L.L.C.” and to designate Byron L. Pickard, who is currently back-up
`counsel, as lead counsel in these proceedings. Paper 33. Petitioner does not
`oppose the Motion. Id.
`Our Rules provide that “[c]ounsel may not withdraw from a proceeding
`before the Board unless the Board authorizes such withdrawal.” 37 C.F.R.
`§ 42.10(e). Patent Owner has designated additional individuals as back-up
`counsel. Paper 34. Therefore, Patent Owner will continue to have lead and back-
`up counsel following withdrawal of Ms. Gordon and designation of Mr. Pickard as
`lead counsel as required by our Rules. See 37 C.F.R. § 42.10(a) (“If a party is
`represented by counsel, the party must designate a lead counsel and at least one
`back-up counsel who can conduct business on behalf of the lead counsel.”).
`Accordingly, we grant Patent Owner’s Motion.
`It is
`ORDERED that Lori A. Gordon is no longer recognized as counsel in this
`proceeding and that Byron L. Pickard is recognized as lead counsel for Patent
`Owner; and
`FURTHER ORDERED that Patent Owner shall file updated mandatory
`notices removing Ms. Gordon as counsel and designating Mr. Pickard as lead
`counsel.
`
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` 2
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`
`
`IPR2017-00276
`Patent 6,633,945
`
`PETITIONER:
`
`Benjamin Weed
`benjamin.weed.ptab@klgates.com
`
`Brian Ankenbrandt
`brian.ankenbrandt@klgates.com
`
`Erik Halverson
`erik.halverson@klgates.com
`
`PATENT OWNER:
`
`Byron Pickard
`bpickard-ptab@sternekessler.com
`
`Daniel Block
`dblock-ptab@sternekessler.com
`
`Lestin Kenton
`lkenton-ptab@sternekessler.com
`
`Steven Peters
`speters-ptab@sternekessler.com
`
`Tim Seeley
`tims@intven.com
`
`James Hietala
`jhietala@intven.com
`
`
` 3
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