`571-272-7822
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`Paper 18
`Entered: March 27, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`BUTAMAXTM ADVANCED BIOFUELS LLC
`Petitioner
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`v.
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`GEVO, INC.
`Patent Owner
`____________
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`Case IPR2013-00539
`Patent 8,273,565 B2
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`
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`Before RAMA G. ELLURU, CHRISTOPHER L. CRUMBLEY, and
`KERRY BEGLEY, Administrative Patent Judges.
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`BEGLEY, Administrative Patent Judge.
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`
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`DECISION
`Motion to Withdraw
`37 C.F.R. § 42.10(e)
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`
`
`Case IPR2013-00539
`Patent 8,273,565 B2
`
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`Fraser D. Brown, Ph.D., lead counsel for Patent Owner Gevo, Inc. (“Gevo”),
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`filed a Request for Authorisation to Withdraw Pursuant to 37 C.F.R. § 42.10(e) on
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`March 25, 2014. Paper 14. For the following reasons, the motion is granted.
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`Dr. Brown filed the present motion to withdraw after we orally granted the
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`requisite authorization for such a motion during an initial conference call on
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`March 24, 2014. See 37 C.F.R. § 42.20(b). Concurrent with Dr. Brown’s motion,
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`Gevo filed an updated Power of Attorney and Mandatory Notices, both of which
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`replace Dr. Brown with Erich E. Veitenheimer, Ph.D., as lead counsel and leave
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`Chris Holly, Ph.D., as back-up counsel. Paper 12; Paper 13. Petitioner
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`ButamaxTM Advanced Biofuels LLC (“Butamax”) indicated, during the conference
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`call, that it does not oppose Dr. Brown’s withdrawal.
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`Counsel may withdraw from an inter partes review proceeding only with
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`authorization from the Board. 37 C.F.R. § 42.10(e). We see no reason to deny the
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`present motion. Dr. Brown’s motion was filed with authorization from the Board
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`and Gevo is substituting Dr. Veitenheimer, who is a registered practitioner from
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`the same law firm, as lead counsel. Further, the motion does not seek any time
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`extensions.
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`For the foregoing reasons, it is
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`ORDERED that Fraser D. Brown, Ph.D.’s Request for Authorisation to
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`Withdraw Pursuant to 37 C.F.R. § 42.10(e) (Paper 14) is granted;
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`FURTHER ORDERED that Fraser D. Brown, Ph.D., is no longer
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`recognized as counsel for Gevo in this proceeding; and
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`FURTHER ORDERED that Erich E. Veitenheimer, Ph.D., is recognized as
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`lead counsel for Gevo, effective the date of this decision.
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`2
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`Case IPR2013-00539
`Patent 8,273,565 B2
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`PETITIONER:
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`Deborah A. Sterling, Ph.D.
`Peter A. Jackman
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterlin-PTAB@skgf.com
`pjackman-PTAB@skgf.com
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`PATENT OWNER:
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`Erich E. Veitenheimer, Ph.D.
`Chris Holly, Ph.D.
`COOLEY LLP
`eveitenheimer@cooley.com
`cholly@cooley.com
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`3
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