`Tel: 571-272-7822
`
`Entered: April 11, 2018
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PROVEPHARM INC.,
`Petitioner,
`
`v.
`
`WISTA LABORATORIES LTD.,
`Patent Owner.
`_____________
`
`Case IPR2018-00323
`Patent 9,675,621 B2
`______________
`
`
`
`Before JAMES T. MOORE, SUSAN L. C. MITCHELL, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Motion to Withdraw and Substitute Counsel
`37 C.F.R. § 42.10
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`
`
`Case IPR2018-00323
`Patent 9,675,621 B2
`
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`Counsel may withdraw from an inter partes review proceeding only
`with authorization from the Board. 37 C.F.R. § 42.10(e). WisTa
`Laboratories Ltd. (“Patent Owner”) received authorization from the Board
`and filed a Motion to Withdraw Counsel and Substitute New Counsel in the
`above-identified proceeding. Paper 6 (“Motion”).
`Patent Owner requests withdrawal of lead counsel George E. Quillin
`and back-up counsel Benjamin Berkowitz and Matthew A. Ambros, and to
`substitute Richard F. Giunta (Registration No. 36,149) as lead counsel and
`Edward R. Gates (Registration No. 31,616) as back-up counsel. Id. at 1.
`Patent Owner represents that Petitioner Provepharm Inc. does not oppose the
`Motion. Id. at 2. Patent Owner also represents that Mr. Giunta and
`Mr. Gates meet the requirements of 37 C.F.R. § 42.10 as registered
`practitioners. Id. at 1.
`Patent Owner filed an updated Power of Attorney under 37 C.F.R.
`§ 42.10 authorizing Mr. Giunta and Mr. Gates to represent Patent Owner in
`this proceeding. Paper 8. The updated Power of Attorney also authorizes
`David F. Cauble (Registration No. 73,490) to represent Patent Owner as
`backup counsel. Id. Patent Owner also filed updated Mandatory Notices.
`Paper 7.
`Because no prejudice is shown and Petitioner does not oppose the
`proposed withdrawal and substitution of counsel, the Motion is granted.
`It is therefore
`ORDERED that George E. Quillin, Benjamin Berkowitz, and
`Matthew A. Ambros are allowed to withdraw as counsel from this
`proceeding;
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`2
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`Case IPR2018-00323
`Patent 9,675,621 B2
`
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`FURTHER ORDERED that Richard F. Giunta is recognized as lead
`counsel, and Edward R. Gates and David F. Cauble are conditionally
`recognized as back-up counsel for Petitioner.
`
`PETITIONER:
`Jitendra Malik
`jitty.malik@alston.com
`Bethany Groeber
`beth.groeber@alston.com
`Timothy Balts
`tim.balts@alston.com
`
`PATENT OWNER:
`George Quillin
`gquillin@foley.com
`Benjamin Berkowitz
`bberkowitz@foley.com
`Matthew Ambros
`mambros@foley.com
`
`
`
`3
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`