`571-272-7822
`
`
`
`
`
`Paper 12
`Entered: August 18, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC. and AMAZON WEB SERVICES, INC.,
`Petitioner,
`
`v.
`
`BROADCOM CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`Cases1
`IPR2017-00811 (Patent 7,296,295 B2)
`IPR2017-00814 (Patent 6,766,389 B2)
`
`
`
`
`
`
`
`ARPIN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Motion to Withdraw
`37 C.F.R. § 42.10(e)
`
`
`
`
`1 This Decision applies to each of the listed cases. The parties are not authorized to
`use a multiple case caption.
`
`
`
`IPR2017-00811 (Patent 7,296,295 B2)
`IPR2017-00814 (Patent 6,766,389 B2)
`
`On August 7, 2017, Petitioners’ counsel contacted the Board by e-mail
`
`seeking permission to file a Motion to Withdraw its back-up counsel and to replace
`
`its back-up counsel. On August 8, 2017, the Board responded by e-mail
`
`authorizing Petitioner to file the requested Motion to Withdraw along with a
`
`replacement Power of Attorney. Petitioner has filed the authorized Motion to
`
`Withdraw2 its current back-up counsel, David M. Saunders, and to replace Mr.
`
`Saunders with Richard Z. Zhang as back-up counsel. Petitioner also filed a
`
`replacement Power of Attorney3 naming Mr. Zhang as counsel. Patent Owner does
`
`not oppose this withdrawal and replacement of Petitioner’s back-up counsel. E.g.,
`
`IPR2017-00811, Paper 9, 3. For the following reasons, the motion is granted.
`
`DISCUSSION
`
`Counsel may withdraw from an inter partes review proceeding only with
`
`authorization from the Board. 37 C.F.R. § 42.10(e). The motion indicates that
`
`“Mr. Saunders has accepted an in-house position at Immersion Corporation. As
`
`such, he is transitioning out of Fisch Sigler LLP . . . .” E.g., IPR2017-00811,
`
`Paper 9, 2. Further, Petitioner states that “[i]f Mr. Saunders were permitted to
`
`withdraw, Petitioners retain lead counsel[, Joseph F. Edell,] and at least one back-
`
`up counsel[, Richard Z. Zhang,] in this proceeding” Id. Both listed attorneys are
`
`from the same law firm and are registered patent attorneys.
`
`Under these circumstances and in the absence of opposition from Patent
`
`Owner, we grant Petitioner’s Motion.
`
`
`2 IPR2017-00811, Paper 9; IPR2017-00814, Paper 9.
`
`3 IPR2017-00811, Paper 8; IPR2017-00814, Paper 8.
`
`
`
`2
`
`
`
`IPR2017-00811 (Patent 7,296,295 B2)
`IPR2017-00814 (Patent 6,766,389 B2)
`
`ORDER
`
`It is therefore
`
`ORDERED that Petitioner’s Motion is granted;
`
`FURTHER ORDERED that David M. Saunders is permitted to withdraw as
`
`back-up counsel for Petitioner in these proceedings; and
`
`FURTHER ORDERED that Richard Z. Zhang is recognized as back-up
`
`counsel for Petitioner in these proceedings.
`
`
`PETITIONER:
`
`Joseph F. Edell
`Richard Z. Zhang
`FISCH SIGLER LLP
`Joe.edell.ipr@fischllp.com
`Richard.zhang.ipr@fischllp.com
`
`PATENT OWNER:
`
`Jason S. Angell
`Jing H. Cherng
`FREITAS ANGELL & WEINBERG LLP
`jangell@fawlaw.com
`gcherng@fawlaw.com
`
`
`
`
`
`
`
`
`3
`
`