`Trials@uspto.gov Paper No. 10
`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 IPR2014-00455
`IPR2014-00456
`Patent 7,808,184 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 7,808,184 B2
`
`
`
`
`
`
`On April 21, 2014, Patent Owner filed a Motion for Counsel to Withdraw
`and Permit Substitution of Counsel. Paper 7.2 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. Bruce J. Barker and
`Gregory J. Gonsalves, as lead and back-up counsel, respectively. Id. at 1-2. Patent
`Owner indicates that Messrs. Barker and Gonsalves 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. 2. Patent Owner further states that Petitioner
`does not oppose the appointment of Mr. Barker as lead counsel for Patent Owner in
`the above-identified proceedings. Id.
`Additionally, Patent Owner filed a Power of Attorney, appointing Messrs.
`Barker and Gonsalves, as its representatives before the Board in connection with
`the above-identified proceedings. Paper 9. 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 8.
`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 IPR2014-00455 as
`representative, and all citations are to IPR2014-00455 unless otherwise noted.
`
`
`
`2
`
`
`
`Patent 7,808,184 B2
`
`
`
`
`
`
`Here, we discern no reason to deny Patent Owner’s motion for counsel to
`withdraw, as Patent Owner contemporaneously appointed Messrs. Bruce J. Barker
`and Gregory J. Gonsalves, who are registered practitioners, as its 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. Bruce J. Barker and Gregory J.
`Gonsalves 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 7,808,184 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
`
`Bruce J. Barker
`bbarker@chsblaw.com
`
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`
`
`
`4
`
`
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