`571-272-7822
`
`Paper 42
`Date: May 30, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ITRON NETWORKED SOLUTIONS, INC.,
`Petitioner,
`
`v.
`
`ACOUSTIC TECHNOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01024 (Patent 6,509,841 B1)
`Case IPR2017-01030 (Patent 5,986,574)
`Case IPR2017-01031 (Patent 5,986,574)1
`____________
`
`Before THU A. DANG and PATRICK M. BOUCHER,
`Administrative Patent Judges.
`
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Motion for Withdrawal and Substitution of Counsel
`37 C.F.R. § 42.10
`
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`Case IPR2017-01024 (Patent 6,509,841 B1)
`Case IPR2017-01030 (Patent 5,986,574)
`Case IPR2017-01031 (Patent 5,986,574)
`
`
`
`
`On April 11, 2017, Patent Owner submitted mandatory notices appointing
`Edward M. Weisz as lead counsel in these proceedings. Paper 6.2 On June 27,
`2017, Patent Owner submitted revised mandatory notices appointing Erik Swensen
`as lead counsel, and appointing Robert Hayes and Edward M. Weisz as back up
`counsel. Paper 8. These three attorneys, as well as their law firm, “move to
`withdraw as counsel for Patent Owner and, at Patent Owner’s request, to appoint
`Daniel Callaway as lead counsel . . . and James L. Day . . . as backup counsel.”
`Paper 41, 2. A representation is made in the motion that “Petitioner has indicated
`it does not oppose the requested withdrawal and substitution of counsel for Patent
`Owner.” Id. at 3.
`“Counsel 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 filed
`a power of attorney appointing Messrs. Callaway and Day, both of whom are
`registered practitioners, to act in these proceedings. Paper 34. The motion
`represents that “[n]ew counsel for Patent Owner . . . will promptly file Amended
`Patent Owner’s Mandatory Notices upon grant of this motion.” Paper 41, 3–4. In
`addition, the motion asserts that “Patent Owner verifies that no extensions of time
`will be sought by Substitute Counsel.” Id. at 3.
`We are mindful that the motion is filed relatively late in this proceeding,
`with oral argument scheduled for June 4, 2018. Papers 30, 31. Nevertheless, we
`are persuaded by the representations made in the motion, and by Patent Owner’s
`filing of a power of attorney appointing Messrs. Callaway and Day, that reasonable
`steps have been taken to “avoid foreseeable prejudice to the rights of the client,
`
`
`2 Citations are to IPR2017-01024. Similar papers were filed in each of the three
`proceedings, but sometimes with different paper numbers.
`2
`
`
`
`
`
`
`Case IPR2017-01024 (Patent 6,509,841 B1)
`Case IPR2017-01030 (Patent 5,986,574)
`Case IPR2017-01031 (Patent 5,986,574)
`
`including giving due notice to his or her client, [and] allowing time for
`employment of another practitioner.” 37 C.F.R. § 10.40(a). Messrs. Swensen,
`Hayes, and Weisz also make such an assertion in the motion, and further represent
`that “Patent Owner believes that granting this motion will not hinder the economy,
`the integrity of the patent system, the efficient administration of the Office, or the
`ability of the Office to timely complete this proceeding.” Paper 41, 3 (citing 35
`U.S.C. § 316(b)).
`Upon consideration of these facts, the motion is granted.
`
`It is
`ORDERED that Erik Swensen, Robert Hayes, and Edward M. Weisz are
`permitted to withdraw as counsel in each of these proceedings, contingent upon
`filing of satisfactory updated Patent Owner Mandatory Notices;
`FURTHER ORDERED that Daniel Callaway is recognized as lead counsel
`in each of these proceedings, contingent upon filing of satisfactory updated Patent
`Owner Mandatory Notices; and
`FURTHER ORDERED that James L. Day is recognized as backup counsel
`in each of these proceedings, contingent upon filing of satisfactory updated Patent
`Owner Mandatory Notices.
`
`
`
`
`
`
`3
`
`
`
`
`
`
`Case IPR2017-01024 (Patent 6,509,841 B1)
`Case IPR2017-01030 (Patent 5,986,574)
`Case IPR2017-01031 (Patent 5,986,574)
`
`PETITIONER:
`
`Adam R. Brausa
`DURIE TANGRI LLP
`abrausa@durietangri.com
`
`
`PATENT OWNER:
`
`Daniel Callaway
`James Day
`FARELLA BRAUN MARTEL, LLP
`dcallaway@fbm.com
`jday@fbm.com
`
`4
`
`
`
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