`571-272-7822
`
`Entered: April 24, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL INC.
`Petitioner
`v.
`
`ZOND, INC.
`Patent Owner
`____________
`
`Cases IPR2014-00443
`IPR2014-00444
`IPR2014-00445
`IPR2014-00446
`IPR2014-00447
`Patent 7,147,759 B21
`____________
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L. C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`DECISION
`Patent Owner’s Motion for Counsel to Withdraw
`37 C.F.R. § 42.10(e)
`
`
`
`
`1 This Order addresses overlapping issues in the above-identified cases. Therefore,
`we issue one order to be filed in all cases. The parties, however, are not authorized
`to use this style heading in subsequent papers.
`
`
`
`
`
`Patent 7,147,759 B2
`
`
`
`
`
`
`On April 16, 2014, Patent Owner filed a Motion for Counsel to Withdraw
`and Permit Substitution of Counsel. Paper 8.2 Patent Owner seeks withdrawal of
`its current counsel, Messrs. David C. Radulescu and Kurt Rauschenbach. Id. at 1.
`Patent Owner also seeks to designate new counsel, Messrs. Gregory J. Gonsalves
`and Bruce J. Barker, as lead and back-up counsel, respectively. Id. Patent Owner
`indicates that Messrs. Gonsalves and Barker are registered practitioners, and they
`have read and intend to comply with the Office Patent Trial Practice Guide and the
`Board’s Rules of Practice for Trials, as set forth in Part 42 of Title 37, Code of
`Federal Regulations. Id. at 1-2. Patent Owner further states that Petitioner does
`not oppose the appointment of Mr. Gonsalves as lead counsel for Patent Owner in
`the above-identified proceedings. Id. at 2.
`Additionally, Patent Owner filed a Power of Attorney, appointing Messrs.
`Gonsalves and Barker, as its representatives before the Board in connection with
`the above-identified proceedings. Paper 10. Pursuant to 37 C.F.R. § 42.8, Patent
`Owner also filed an updated mandatory notice to reflect the change in information
`regarding Patent Owner’s lead and back-up counsel. Paper 9.
`Counsel may withdraw from an inter partes review proceeding only with
`authorization from the Board. 37 C.F.R. § 42.10(e); see also 37 C.F.R. § 11.116
`(regarding conditions for withdrawal). In that regard, “a practitioner may
`withdraw from representing a client if . . . [w]ithdrawal can be accomplished
`without material adverse effect on the interests of the client . . . .” 37 C.F.R.
`§ 11.116(b)(1).
`
`
`2 For the purpose of clarity and expediency, we treat IPR2014-00443 as
`representative, and all citations are to IPR2014-00443 unless otherwise noted.
`
`
`
`2
`
`
`
`Patent 7,147,759 B2
`
`
`
`
`
`
`Here, we discern no reason to deny Patent Owner’s motion for counsel to
`withdraw, as Patent Owner contemporaneously appointed Messrs. Gonsalves and
`Barker, who are registered practitioners, as it’s lead and back-up counsel for the
`above-identified proceedings, and filed the appropriate power of attorney and
`amended mandatory notice. More importantly, the change of counsel would not
`cause any prejudice to Patent Owner or unnecessary delays in the proceedings, as
`Patent Owner does not seek an extension of time. Moreover, Petitioner does not
`oppose the motion. In light of the foregoing, we hereby grant Patent Owner’s
`motion for counsel to withdraw.
`It is
`ORDERED that Patent Owner’s Motion for Counsel to Withdraw and
`Permit Substitution of Counsel is granted;
`FURTHER ORDERED that Messrs. David C. Radulescu and Kurt
`Rauschenbach are withdrawn as counsel from the above-identified proceedings;
`FURTHER ORDERED that Messrs. Gregory J. Gonsalves and Bruce J.
`Barker are recognized as lead and back-up counsel, respectively, for Patent Owner
`in the above-identified proceedings; and
`FURTHER ORDERED that Patent Owner’s information in the Patent
`Review Processing System (“PRPS”) should be updated appropriately to reflect the
`change in information regarding Patent Owner’s lead and back-up counsel.
`
`
`
`
`
`
`3
`
`
`
`
`
`Patent 7,147,759 B2
`
`
`
`
`
`
`PETITIONER:
`
`Richard Goldenberg
`richard.goldenberg@wilmerhale.com
`
`David L. Cavanaugh
`david.cavanaugh@wilmerhale.com
`
`
`
`PATENT OWNER:
`
`David C. Radulescu
`david@radulescullp.com
`
`Kurt Rauschenbach
`kurt@rauschenbach.com
`
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Bruce J. Barker
`bbarker@chsblaw.com
`
`
`
`
`
`4
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