`571-272-7822
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`
`
`
`
`
`
`Paper 17
`Entered: March 27, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BUTAMAXTM ADVANCED BIOFUELS LLC
`Petitioner
`
`v.
`
`GEVO, INC.
`Patent Owner
`____________
`
`Case IPR2013-00539
`Patent 8,273,565 B2
`
`
`
`Before RAMA G. ELLURU, CHRISTOPHER L. CRUMBLEY, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`Case IPR2013-00539
`Patent 8,273,565 B2
`
`
`An initial conference call was held on March 24, 2014 at approximately 3:00
`
`p.m. The conference was attended by the above-identified panel members;
`
`Deborah A. Sterling, Ph.D., for Petitioner ButamaxTM Advanced Biofuels LLC
`
`(“Butamax”); Chris Holly, Ph.D., and Erich E. Veitenheimer, Ph.D., for Patent
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`Owner Gevo, Inc. (“Gevo”); and a court reporter. The following matters were
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`discussed.
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`Transcript. Butamax, which arranged for the court reporter to join the
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`conference call, agreed to file the transcript of the call with the Board and to
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`provide Gevo with a copy of the transcript.
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`Scheduling Order. Both parties indicated that the dates in the Scheduling
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`Order entered March 4, 2014 (Paper 10) are acceptable to them.
`
`Motions Lists. Before the conference call, Gevo filed a list of proposed
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`motions, which states that it is considering filing a motion to amend or cancel
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`claims. Paper 11. We reminded counsel of the requirement to confer with the
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`panel before filing any such motion. 37 C.F.R. § 42.121(a). We also directed
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`counsel’s attention to Idle Free Systems, Inc. v. Bergstrom, Inc., IPR2012-00027
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`(PTAB June 11, 2013) (Papers 26, 66) and Toyota Motor Corp. v. American
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`Vehicular Sciences LLC, IPR2013-00423 (PTAB Mar. 7, 2014) (Paper 27), which
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`set forth in detail the requirements of a motion to amend.
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`Butamax did not file a list of proposed motions prior to the call and
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`indicated, during the call, that it does not anticipate filing any motions beyond
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`those already authorized by the Board.
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`Protective Order. Both parties indicated that they do not anticipate needing
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`a protective order in this proceeding. We advised counsel that if the parties later
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`wish to request entry of such an order, the Board has a default protective order that
`
`
`
`
`2
`
`
`
`Case IPR2013-00539
`Patent 8,273,565 B2
`
`the parties may follow. See Office Patent Trial Practice Guide; Rule, 77 Fed. Reg.
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`48,756, 48,769-71 (Aug. 14, 2012) (Appendix B). If the parties wish to deviate
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`from the default protective order, they should note in redline the differences
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`between the proposed protective order and the default protective order and explain
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`the differences.
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`Withdrawal of Gevo’s Lead Counsel. Gevo indicated that its lead counsel,
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`Fraser D. Brown, Ph.D., would be voluntarily withdrawing from this proceeding
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`and that Dr. Brown would be replaced by Erich E. Veitenheimer, Ph.D. Butamax
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`stated that it does not object to Dr. Brown’s withdrawal. We advised Gevo that
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`Dr. Brown may withdraw from this proceeding only with authorization from the
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`Board. See 37 C.F.R. § 42.10(e). Dr. Brown, therefore, should file a motion to
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`withdraw as counsel, which requires prior Board authorization. See 37 C.F.R.
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`§§ 42.10(e), 42.20(b); SIPNET EU S.R.O. v. Straight Path IP Group, Inc.,
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`IPR2013-00246, slip op. at 2 (PTAB Jul. 12, 2013) (Paper 7). We orally granted
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`permission for Dr. Brown to file a motion to withdraw as counsel. The motion to
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`withdraw should be accompanied by an updated mandatory notice and if
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`necessary, an updated power of attorney. See GTECH Corp. v. SHFL Entm’t, Inc.,
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`CBM2014-00048, CBM2014-00049, slip op. at 2 (PTAB Jan. 22, 2014) (Paper
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`12).
`
`
`
`
`
`It is
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`ORDER
`
`ORDERED that Fraser D. Brown, Ph.D., is authorized to file a motion to
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`withdraw as counsel.
`
`
`
`
`3
`
`
`
`Case IPR2013-00539
`Patent 8,273,565 B2
`
`PETITIONER:
`
`Deborah A. Sterling, Ph.D.
`Peter A. Jackman
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterlin-PTAB@skgf.com
`pjackman-PTAB@skgf.com
`
`
`PATENT OWNER:
`
`Fraser D. Brown, Ph.D.
`Chris Holly, Ph.D.
`COOLEY LLP
`fbrown@cooley.com
`cholly@cooley.com
`
`
`
`
`
`4
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