`571-272-7822
`
`
`
`IPR2014-00136 Paper No. 12
`IPR2014-00139 Paper No. 13
`Date Entered: May 12, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RELOADED GAMES, INC.
`Petitioner
`
`v.
`
`PARALLEL NETWORKS, LLC
`Patent Owner
`____________
`
`Case IPR2014-001361
`Patent 7,188,145
`Case IPR2014-00139
`Patent 7,730,262
` ____________
`
`
`
`Before KRISTEN L. DROESCH, BRIAN J. McNAMARA, and
`HYUN J. JUNG Administrative Patent Judges.
`
`McNAMARA, Administrative Patent Judge.
`
`
`ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
`37C.F.R. § 42.10
`
`
`
`1 This Order addresses issues that are identical in related cases. Therefore, we
`exercise our discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in any subsequent papers.
`
`
`
`
`Cases IPR2014-00136; IPR2014-00139
`Patents 7,188,145; 7,730,262
`
`
`Reloaded Games, Inc. (“Petitioner”) filed the subject petitions for inter
`partes review, which were both accorded a filing date of November 11, 2013. On
`December 9, 2013, Parallel Networks, Inc. (“Patent Owner”) filed a Notice of
`Appearance by Parallel Networks LLC (“Mandatory Notice”) and Power of
`Attorney in each proceeding. In each case, the Power of Attorney revoked all
`previous powers of attorney, indicated by a checked box that a Power of Attorney
`was being submitted, and requested that the Office recognize the correspondence
`address as that associated with Customer Number 32042. The Power of Attorney
`did not appoint the Practitioners associated with that customer Number or identify
`any other practitioners as having been appointed. The Mandatory Notice identified
`Scott A. Chambers as lead counsel, and Darren W. Collins and Matthew J.
`Laskoski as back-up counsel, and stated that a power of attorney for the designated
`counsel was being filed concurrently. However, no Power of Attorney naming
`these attorneys, or the attorneys associated with Customer Number 32042, has
`been found in the record. The correspondence information on the Mandatory
`Notice identified the firm of Patton Boggs LLP as the recipient.
`On February 19, 2014, Scott A. Chambers and Darren W. Collins filed a
`Patent Owner Preliminary Response in IPR2013-00136. On February 20, 2014,
`Scott A. M. Chambers and Darren W. Collins filed a Patent Owner Preliminary
`Response in IPR2013-00139.
`On April 18, 2014, lead counsel, Scott A. M. Chambers, and back-up
`counsel, Darren W. Collins, submitted Patent Owner’s Motion to Withdraw
`Counsel (“Motion to Withdraw”) in each case. The Motion to Withdraw explains
`that Mr. Collins is Patent Owner’s regular counsel and, for reasons not related to
`this proceeding, has departed Patton Boggs LLP. The Motion to Withdraw states
`that Patent Owner would like Mr. Collins to continue his representation and
`
`
`
`2
`
`
`
`Cases IPR2014-00136; IPR2014-00139
`Patents 7,188,145; 7,730,262
`
`assume the role of lead counsel in this proceeding. Therefore, the Motion to
`Withdraw requests that Mr. Chambers and Mr. Laskoski be permitted to withdraw.
`On April 23, 2014, Patent Owner submitted a new Power of Attorney
`revoking all previous powers of attorney, appointing Darren W. Collins as lead
`counsel and Robert C. Hilton and Aaron J. Pickell as back-up counsel, and
`requesting the Office recognize the address associated with customer Number
`23345 as the recipient of correspondence in this matter. Patent Owner did not file
`an updated Mandatory Notice.
`In this case, there is some doubt about whether Patent Owner effectively
`granted a Power of Attorney in the forms filed on December 9, 2014. However, in
`view of the Mandatory Disclosures filed in each proceeding, Mr. Chambers, Mr.
`Collins, and Mr. Laskoski appear to have been acting with the Patent Owner’s
`actual authority. In view of the Power of Attorney filed on April 23, 2014, any
`authority actually granted to Mr. Chambers and Mr. Laskoski has been revoked. A
`practitioner shall withdraw from the representation of a client where that
`practitioner has been discharged. 37 C.F.R. §11.116(a)(3). In addition, a
`practitioner may withdraw from representing a client if the withdrawal can be
`accomplished without material adverse effect on the interests of the client.
`37 C.F.R. § 11.116(b)(1). Patent Owner’s appointment of new counsel removes
`the possibility that its interests will be affected adversely.
`In view of the circumstances, it is:
`ORDERED that the Motion to withdraw Scott A. M. Chambers and
`Matthew J. Laskoski as counsel for Patent Owner is GRANTED; and
`FURTHER ORDERED, that Patent Owner must file an updated Mandatory
`Notice in each proceeding not later than May 18, 2014.
`
`
`
`
`3
`
`
`
`Cases IPR2014-00136; IPR2014-00139
`Patents 7,188,145; 7,730,262
`
`PETITIONER
`Eric A. Buresh
`Mark C. Lang
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`mark.lang@eriseip.com
`
`PATENT OWNER
`
`Scott A. Chambers
`Darren W. Collins
`Matthew J. Laskoski
`PATTON BOGGS LLP
`IPDocketing@pattonboggs.com
`
`Darren Collins
`Robert Hilton
`Aaron Pickell
`MCGUIRE WOODS, LLP
`1750 TYSONS BLVD
`SUITE 1800
`MCLEAN, VA 22102
`
`
`
`4