`571-272-7822
`
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`Paper 11
`Date: October 31, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`C&D ZODIAC, INC.,
`Petitioner,
`
`v.
`
`B/E AEROSPACE, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01273 (Patent 9,434,476)
`Case IPR2017-01274 (Patent 9,365,292)
`Case IPR2017-01275 (Patent 9,073,641)
`Case IPR2017-01276 (Patent 9,440,742)
`Case PGR2017-00019 (Patent D764,031)
`____________
`
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Motion to Withdraw
`37 C.F.R. § 42.10(e)
`
`
`
`
`
`Case IPR2017-01273 (Patent 9,434,476)
`Case IPR2017-01274 (Patent 9,365,292)
`Case IPR2017-01275 (Patent 9,073,641)
`Case IPR2017-01276 (Patent 9,440,742)
`Case PGR2017-00019 (Patent D764,031)
`
`In these above-captioned proceedings, Andrei Iancu is currently
`designated as lead counsel, and Benjamin Haber and Michael R. Fleming are
`designated as back-up counsel for Patent Owner B/E Aerospace, Inc. See
`Papers 4, 9. On October 27th Mr. Haber contacted the Board via email,
`seeking authorization to file a motion to withdrawal Andrei Iancu in each of
`the above noted proceedings. The email indicated that Mr. Fleming would
`be re-designated as lead counsel, and Mr. Haber would remain as back-up
`counsel. The email indicated also that Petitioner, C&D Zodiac, Inc., did not
`oppose the motion. We granted the requested authorization, and on October
`30th, Mr. Haber, on behalf of B/E Aerospace, filed Patent Owner’s Motion
`for Withdrawal and Substitution of New Counsel. Paper 10, “Mot.”
`Counsel may withdraw from an inter partes review proceeding only
`with authorization from the Board. 37 C.F.R. § 42.10(e). The Motion
`explains that Mr. Iancu is leaving the law firm that is representing Patent
`Owner in these proceedings. Mot. 1. The Motion states that Mr. Fleming
`will be re-designated as lead counsel with Mr. Haber remaining as back-up
`counsel and both will continue to represent Patent Owner in these
`proceedings. Mot. 1–2. The Motion indicates further that Patent Owner is
`aware of this request and that representation will not be prejudiced by Mr.
`Iancu’s withdrawal. Id. The Motion states also that Petitioner does not
`oppose the withdrawal and re-designation of counsel. Id. at 2.
`The Motion sets forth good cause for the withdrawal of Mr. Iancu, and
`we are aware of no prejudice to either party that would result from such
`
`2
`
`
`
`Case IPR2017-01273 (Patent 9,434,476)
`Case IPR2017-01274 (Patent 9,365,292)
`Case IPR2017-01275 (Patent 9,073,641)
`Case IPR2017-01276 (Patent 9,440,742)
`Case PGR2017-00019 (Patent D764,031)
`
`withdrawal. Patent Owner has designated new lead counsel, Mr. Fleming,
`who is of record and a registered practitioner, and Mr. Haber will continue
`as back-up counsel. On these facts, and in accordance with our Order
`below, we grant Patent Owner’s Motion.
`For the foregoing reasons, it is
`ORDERED that Andrei Iancu is no longer recognized as counsel for
`Patent Owner in these proceedings; and
`FURTHER ORDERED that Patent Owner shall file updated
`Mandatory Notices designating Michael R. Fleming as lead counsel in each
`of the above-captioned proceedings within three (3) business days of this
`Order.
`
`3
`
`
`
`Case IPR2017-01273 (Patent 9,434,476)
`Case IPR2017-01274 (Patent 9,365,292)
`Case IPR2017-01275 (Patent 9,073,641)
`Case IPR2017-01276 (Patent 9,440,742)
`Case PGR2017-00019 (Patent D764,031)
`
`For Petitioner:
`KILPATRICK TOWNSEND & STOCKTON LLP
`John C. Alemanni
`Dean W. Russell
`David A. Reed
`Michael T. Morlock
`Andrew Rinehart
`jalemanni@kilpatricktownsend.com
`drussell@kilpatricktownsend.com
`dareed@kilpatricktownsend.com
`MMorlock@kilpatricktownsend.com
`arinehart@kilpatricktownsend.com
`
`
`For Patent Owner:
`IRELL & MANELLA LLP
`Michael R. Fleming
`Benjamin Haber
`mfleming@irell.com
`bhaber@irell.com
`
`
`
`
`
`
`
`4
`
`
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