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Paper No. 12
`Trials@uspto.gov
`Filed: June 7, 2018
`571.272.7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SNAP, INC.,
`Petitioner,
`
`v.
`
`VAPORSTREAM, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2018-00200 (Patent 8,886,739 B2)
`IPR2018-00312 (Patent 9,306,885 B2)
`IPR2018-00369 (Patent 9,313,155 B2)
`IPR2018-00416, IPR2018-00439 (Patent 9,413,711 B2)
`IPR2018-00455 (Patent 9,313,157 B2)1
`_______________
`
`
`
`Before JUSTIN T. ARBES, DANIEL N. FISHMAN, STACEY G. WHITE,
`and JENNIFER MEYER CHAGNON, Administrative Patent Judges.2
`
`PER CURIAM.
`
`
`DECISION
`Motion to Withdraw
`37 C.F.R. § 42.10
`
`
`1 This decision addresses issues in each of the identified cases. We exercise
`our discretion to issue one decision to be filed in each case. The parties are
`not authorized to use this style heading in subsequent papers.
`2 This is not a decision by an expanded panel of the Board. Judges Arbes,
`White, and Chagnon are paneled in IPR2018-00200, IPR2018-00312,
`IPR2018-00369, IPR2018-00416, and IPR2018-00439. Judges Arbes,
`White, and Fishman are paneled in IPR2018-00455.
`
`

`

`Case IPR2018-00200 (Patent 8,886,739 B2)
`Case IPR2018-00312 (Patent 9,306,885 B2)
`Case IPR2018-00369 (Patent 9,313,155 B2)
`Case IPR2018-00416 (Patent 9,413,711 B2)
`Case IPR2018-00439 (Patent 9,413,711 B2)
`Case IPR2018-00455 (Patent 9,313,157 B2)
`
`
`
`INTRODUCTION
`On April 30, 2018, without prior Board authorization, Patent Owner
`filed a motion to withdraw in each of the above-listed proceeding. Paper 11
`(“Motion” or “Mot.”).3 Petitioner does not oppose the Motion. Mot. 2. For
`the following reasons, the Motion is granted.
`
`
`ANALYSIS
`Counsel may not withdraw from a proceeding before the Board unless
`
`the Board authorizes such withdrawal. 37 C.F.R. § 42.10(e). Generally, a
`motion to withdraw counsel will not be entered without prior Board
`authorization to file such a motion. See 37 C.F.R. § 42.20(b). Under
`37 C.F.R. § 42.5(b), however, the Board “may waive or suspend a
`requirement of [part 42 of the Board’s rules] and may place conditions on
`the waiver or suspension.” We determine in this circumstance that a waiver
`of prior authorization to file the Motion is appropriate because no prejudice
`is shown and Petitioner does not oppose the Motion. When filing any
`subsequent motions not otherwise authorized by rule or order, the parties
`must obtain prior authorization in compliance with 37 C.F.R. § 42.20(b).
`The Motion requests authorization to substitute Michael F. Heim as
`lead counsel for Jamie T. Gallagher, and to withdraw Morgan S. Heller II
`
`
`3 The motions are substantially similar. For brevity, we refer to the Paper
`number in IPR2018-00200.
`
`2
`
`

`

`Case IPR2018-00200 (Patent 8,886,739 B2)
`Case IPR2018-00312 (Patent 9,306,885 B2)
`Case IPR2018-00369 (Patent 9,313,155 B2)
`Case IPR2018-00416 (Patent 9,413,711 B2)
`Case IPR2018-00439 (Patent 9,413,711 B2)
`Case IPR2018-00455 (Patent 9,313,157 B2)
`
`and Thomas D. Kohler as back-up counsel for Patent Owner. Mot. 2. Patent
`Owner already has filed an updated power of attorney to effect designation
`of a new lead attorney and back-up counsel. Paper 12. Designated lead
`counsel Michael F. Heim is a registered patent attorney. Mot. 2. Designated
`back-up counsel Douglas R. Wilson, Blaine A. Larson, and Jamie T.
`Gallagher each is a registered patent attorney. Id.
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s Motion is granted.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`Case IPR2018-00200 (Patent 8,886,739 B2)
`Case IPR2018-00312 (Patent 9,306,885 B2)
`Case IPR2018-00369 (Patent 9,313,155 B2)
`Case IPR2018-00416 (Patent 9,413,711 B2)
`Case IPR2018-00439 (Patent 9,413,711 B2)
`Case IPR2018-00455 (Patent 9,313,157 B2)
`
`
`PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`Mark R. Weinstein
`Reuben Chenn
`Yuan Liang
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
`rchen@cooley.com
`yliang@cooley.com
`
`
`PATENT OWNER:
`
`Michael F. Heim
`Douglas R. Wilson
`Blaine A. Larson
`HEIM PAYNE & CHORUSH, LLP
`mheim@hpcllp.com
`dwilson@hpcllp.com
`blarson.hpcllp.com
`
`Jamie T. Gallagher
`BIRCH TREE IP LAW & STRATEGY PLLC
`jamie@Birchtreeip.com
`
`4
`
`

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