`571-272-7822
`
`
`
`
`
` Paper 10
`Entered: July 27, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CORPAK MEDSYSTEMS, INC. and HALYARD HEALTH, INC.,
`Petitioners,
`
`v.
`
`KIRN MEDICAL DESIGN, L.L.C. and APPLIED MEDICAL
`TECHNOLOGY, INC.,
`Patent Owner.1
`____________
`
`Case IPR2017-00646
`Patent 6,631,715 B2
`____________
`
`Before PATRICK R. SCANLON, JAMES A. WORTH, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 The Mandatory Notices provided by Applied Medical Technology, Inc.
`(“AMT”) identify Kirn Medical Design, L.L.C. (“Kirn”) as the owner of the
`’715 patent and AMT as the exclusive licensee of the ’715 patent, and both
`entities as real parties-in-interest in this proceeding. Paper 5, 2. In addition,
`AMT has provided a statement from Kirn confirming that AMT is the
`exclusive licensee of the ’715 patent and consenting to AMT defending the
`’715 patent in this proceeding. Id. at 5.
`
`
`
`
`
`IPR2017-00646
`Patent 6,631,715 B2
`
`
`Corpak Medsystems, Inc. and Halyard Health, Inc. (“Petitioners”)
`filed a Petition (Paper 1, “Pet.”) requesting an inter partes review of claim
`18 of U.S. Patent No. 6,631,715 B2 (Ex. 1001, “the ’715 patent”). The
`Petition designated Richard M. McDermott as lead counsel and Jitendra
`Malik, Ph.D. and Tasneem D. Delphry as backup counsel for Petitioners.
`Pet. 7.
`On July 14, 2017, Petitioners filed a Motion to Withdraw as Counsel.
`Paper 8. The Board authorized the filing of this motion via email on July 7,
`2017. Applied Medical Technology, Inc. (“AMT”), the exclusive licensee
`of the ’715 patent, did not oppose.
`In their motion, Petitioners seek to withdraw Tasneem Delphry as
`backup counsel, as Ms. Delphry is no longer associated with Petitioners’
`representative law firm. Paper 8, 1. Petitioners represent they “will
`continue to be represented by Lead Counsel Richard M. McDermott and
`Back-Up Counsel Jitendra Malik.” Id. Petitioners further represent the
`requested “withdrawal will not have an adverse effect on Patent Owner or
`otherwise delay the proceeding in this matter,” and they “have contacted
`opposing counsel, who has consented to the above-requested relief.”2 Id.
`Petitioners also indicated that, should the Board grant their motion, they will
`update the Mandatory Notices and Power of Attorney accordingly. Id.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioners’ Motion to Withdraw as Counsel (Paper
`8) is granted.
`
`
`2 Presumably, Petitioners have obtained this consent from counsel for AMT,
`the exclusive licensee of the ’715 patent and authorized by patent owner
`Kirn to defend the ’715 patent in this proceeding.
`
`2
`
`
`
`
`IPR2017-00646
`Patent 6,631,715 B2
`
`
`
`PETITIONER:
`
`Richard M. McDermott
`Jitendra Malik Ph.D.
`ALSTON & BIRD LLP
`rick.mcdermott@alston.com
`jitty.malik@alston.com
`
`PATENT OWNER:
`
`Gregory York
`Christopher Meta
`Michael Padden
`Steven Solomon
`PEARNE & GORDON
`gyork@pearne.com
`cmeta@pearne.com
`mpadden@pearne.com
`ssolomon@pearne.com
`
`
`
`
`
`
`
`3
`
`
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