`
`
`
`
` Paper No. 21
`
` Entered: January 22, 2020
`
`
`
`Trials@uspto.gov
`571.272.7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LIFESCAN GLOBAL CORPORATION
`Petitioner,
`v.
`IKEDA FOOD RESEARCH, LTD., and PHC CORPORATION
`Patent Owners.
`____________
`
`PGR2019-00032
`Patent 9,976,125 B2
`____________
`
`
`Before ERICA A. FRANKLIN, ROBERT A. POLLOCK, and
`DAVID COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`
`DECISION
`Contingently Granting Petitioners’ Motion for Withdrawal and Substitution
`of Counsel
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`PGR2019-00032
`Patent 9,976,125 B2
`
`
`On Monday January 13, 2019, Petitioner emailed the Board to request
`authorization to file a motion to withdraw current counsel and substitute new
`counsel. Ex. 3001. On the same day, we responded by email authorizing
`Petitioner to file the requested motion. Id. We stated that we would issue an
`order to this effect in due course. Id.
`On January 14, 2020, with our prior authorization, Counsel for
`LifeScan Global Corporation (“Petitioner”) filed a motion “TO
`WITHDRAW AND SUBSTITUTE COUNSEL.” Paper 20 (“Motion”).
`The Motion requests that “Robert Tosti (lead counsel) and Daniel Palmer
`(back-up counsel),” of Brown Rudnick, LLP be permitted to withdraw from
`the proceedings, and further requests that “Brian R. Tomkins (Registration
`No. 58,550) and Aaron S. Eckenthal (Registration No. 58,891) of Lerner,
`David, Littenberg, Krumholz & Mentlik, LLP [] be designated as lead and
`back-up counsel,” for Petitioner. Motion 1. Although Petitioner attests that
`“[a]n executed updated Power of Attorney and Updated Mandatory Notices
`Under 37 C.F.R. §42.8(a)(3) are being filed concurrently” (id. at 2), the
`updated Power of Attorney and Mandatory Notices have not yet been filed.
`Petitioner represents that new lead counsel, Brian R. Tomkins, and new
`back-up counsel, Aaron S. Eckenthal, meet the requirements of 37 C.F.R.
`§ 42.10(a) as registered practitioners. Id. at 1. Additionally, Petitioner
`indicates that Patent Owner does not object, and asserts that 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.” Id. at 1–2.
`
`
`
`2
`
`
`
`PGR2019-00032
`Patent 9,976,125 B2
`
`
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner shall file a Power of Attorney appointing
`Brian R. Tomkins and Aaron S. Eckenthal as counsel in this proceeding
`within five (5) days of the issuance of this order in accordance with 37
`C.F.R. § 42.10(b);
`FURTHER ORDERED that Petitioner shall file an updated mandatory
`notice identifying Brian R. Tomkins and Aaron S. Eckenthal as counsel in
`this proceeding within five (5) days of the issuance of this order in
`accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Petitioner’s Motion to Withdraw and
`Substitute Counsel is granted, contingent upon Petitioner filing a Power of
`Attorney appointing Brian R. Tomkins and Aaron S. Eckenthal as counsel in
`this proceeding; and
`FURTHER ORDERED that upon Petitioner’s filing of a Power of
`Attorney appointing Brian R. Tomkins and Aaron S. Eckenthal as counsel in
`this proceeding, Robert Tosti and Daniel Palmer shall be deemed to have
`withdrawn from this proceeding.
`
`
`
`3
`
`
`
`PGR2019-00032
`Patent 9,976,125 B2
`
`For PETITIONER:
`Robert Tosti
`Daniel Palmer
`Brown Rudnick LLP
`rtosti@brownrudnick.com
`dpalmer@brownrudnick.com
`
`Brian R. Tomkins
`Aaron S. Eckenthal
`Lerner, David, Littenberg, Krumholz & Mentlik, LLP
`
`
`For PATENT OWNER:
`Kenneth George
`Brian Comack
`Amster, Rothstein & Ebenstein LLP
`kgeorge@arelaw.com
`bcomack@arelaw.com
`
`
`4
`
`
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