`571-272-7822 Entered: November 23, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`NOVEN PHARMACEUTICALS, INC.
`and MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`NOVARTIS AG and LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owner.
`____________
`
`Case IPR2014-005491 (Patent 6,316,023 B1)
`Case IPR2014-005502 (Patent 6,335,031 B1)
`
`____________
`
`
`Before ERICA A. FRANKLIN, and CHRISTOPHER G. PAULRAJ,
`Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`ORDER
`Granting Petitioner Mylan’s Motion to Withdraw as Counsel
`and Substitute New Counsel
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`1 Case IPR2015-00265 has been joined with this proceeding.
`2 Case IPR2015-00268 has been joined with this proceeding.
`
`
`
`
`
`IPR2014-00549 (Patent 6,316,023 B1)
`IPR2014-00550 (Patent 6,335,031 B1)
`
`In each of the proceedings, pursuant to authorization of the Board,
`
`Petitioner Mylan filed a Motion to Withdraw as Counsel and Substitute New
`Counsel. Paper 73 (“Motion”).3 Specifically, Petitioner Mylan requests the
`withdrawal of its current counsel, Mr. Joseph M. Reisman, Lead Counsel,
`and Mr. Jay R. Deshmukh, Back-Up Counsel, and substitution of new
`counsel, Mr. Steven W. Parmelee, Lead Counsel, and Mr. Michael T.
`Rosato, Back-Up Counsel. Id. at 1.
`Counsel may withdraw from an inter partes review proceeding only
`with authorization from the Board. 37 C.F.R. § 42.10(e). Petitioner Mylan
`does not seek an extension of time in connection with its Motion, as the
`Final Decision has been issued. Motion 1. Petitioner Mylan has filed a new
`Power of Attorney, Paper 75, and updated its Mandatory Notices, Paper 74,
`each reflecting appointment of the proposed substitute counsel. Petitioner
`Mylan affirms that neither Petitioner Noven, nor Patent Owner oppose the
`Motion.
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner Mylan’s Motion to Withdraw as Counsel
`and Substitute New Counsel is granted;
`FURTHER ORDERED that Joseph M. Reisman and Mr. Jay R.
`Deshmukh are no longer recognized as counsel for Petitioner Mylan in this
`proceeding;
`FURTHER ORDERED that Mr. Steven W. Parmelee is substituted as
`Lead Counsel for Petitioner Mylan; and
`
`
`3 Paper numbers are the same in both IPR2014-00549 and IPR2014-00550.
`2
`
`
`
`
`IPR2014-00549 (Patent 6,316,023 B1)
`IPR2014-00550 (Patent 6,335,031 B1)
`
`
`FURTHER ORDERED that Mr. Michael T. Rosato is substituted as
`Back-up Counsel for Petitioner Mylan.
`
`
`
`
`
`
`PETITIONER:
`
`Steven J. Lee
`Michael K. Levy
`Christopher J. Coulson
`KENYON & KENYON LLP
`slee@kenyon.com
`mlevy@kenyon.com
`ccoulson@kenyon.com
`
`Steven W. Parmelee
`Michael T. Rosato
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`
`Joseph Reisman
`Jay Deshmukh
`William R. Zimmerman
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`BoxMylan@knobbe.com
`
`
`PATENT OWNER:
`
`Raymond R. Mandra
`Nicholas N. Kallas
`FITZPATRICK, CELLA, HARPER & SCINTO
`ExelonPatchIPR@fchs.com
`
`
`3
`
`
`