`571-272-7822
`
`
`
` Paper 38
`
` Entered: April 9, 2024
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PHILIP MORRIS PRODUCTS, S.A.,
`Petitioner,
`
`v.
`
`RAI STRATEGIC HOLDINGS, INC.,
`Patent Owner.
`____________
`
`PGR2020-00071
`Patent 10,492,542 B1
`____________
`
`Before JEFFREY W. ABRAHAM and BRIAN D. RANGE, Administrative
`Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`ORDER
`Conditionally Granting Petitioner’s
`Motion to Withdraw and Substitute Counsel
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`PGR2020-00071
`Patent 10,492,542 B1
`
`On March 28, 2024, with our prior authorization, Petitioner filed a
`
`Motion to Withdraw and Substitute Lead Counsel in this proceeding.
`Paper 37 (“Motion”). The Motion requests withdrawal of lead counsel
`Jonathan M. Strang and backup counsel Lawrence J. Gotts and Dale Chang,
`and the substitution of David A. Zucker as new lead counsel, pursuant to 37
`C.F.R. § 42.10(e) and 42.20(b). Motion 1. Petitioner indicates that
`“[s]hould this motion be granted, Petitioner will file an updated mandatory
`notice and Power of Attorney reflecting these changes.” Id. Petitioner
`indicates that Patent Owner does not oppose the Motion. Id.
`A party represented by counsel must designate a lead counsel and at
`least one backup counsel. 37 C.F.R. § 42.10(a). In addition, counsel may
`not withdraw from an inter partes review proceeding unless the Board
`authorizes such withdrawal. 37 C.F.R. § 42.10(e).
`Notwithstanding Petitioner’s representations that Mr. Zucker is
`currently designated as backup counsel (Motion 1), no power of attorney for
`Mr. Zucker has been filed. Therefore, we conditionally grant Petitioner’s
`Motion. Mr. Strang, Mr. Gotts, Mr. Chang, and any other attorneys
`currently designated as counsel for Petitioner under 37 C.F.R. § 42.8(b)(3),
`will remain of record until new lead and backup counsel are identified by an
`appropriate power of attorney. See 37 C.F.R. § 42.10(b). Mr. Strang, Mr.
`Gotts, and Mr. Chang will be authorized to withdraw as counsel effective
`upon Petitioner’s filing of a power of attorney assigning Mr. Zucker as
`counsel and updated mandatory notices identifying new lead and backup
`counsel.
`
`
`
`2
`
`
`
`PGR2020-00071
`Patent 10,492,542 B1
`
`
`
`It is, therefore,
`ORDERED that the Petitioner’s Motion for Withdrawal and
`Substitution of Counsel is conditionally granted, effective upon Petitioner’s
`filing of a power of attorney and updated mandatory notices identifying new
`lead and backup counsel; and
`FURTHER ORDERED that Jonathan M. Strang, Lawrence J. Gotts,
`and Dale Chang shall be withdrawn from this proceeding, effective upon
`Petitioner’s filing of a power of attorney and updated mandatory notices
`identifying new lead and backup counsel.
`
`
`
`3
`
`
`
`PGR2020-00071
`Patent 10,492,542 B1
`
`PETITIONER:
`JonathanStrang
`Jonathan.strang@lw.com
`
`Matthew Moore
`Matthew.moore@lw.com
`
`Dale Chang
`Dale.chang@lw.com
`
`Lawrence J. Gotts
`Lawrence.gotts@lw.com
`
`David Zucker
`David.zucker@lw.com
`
`PATENT OWNER:
`
`David Maiorana
`dmaiorana@jonesday.com
`
`Kenneth Luchesi
`kluchesi@jonesday.com
`
`Anthony Insogna
`aminsogna@jonesday.com
`
`Geoffrey Gavin
`ggavin@jonesday.com
`
`Joshua Nightingale
`jrnightingale@jonesday.com
`
`George Phillips
`gphillips@jonesday.com
`
`David Cochran
`dcochran@jonesday.com
`
`
`4
`
`
`
`PGR2020-00071
`PGR2020-00071
`Patent 10,492,542 B1
`Patent 10,492,542 Bl
`
`
`
`
`
`5
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`
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