`Tel: 571-272-7822
`
`Paper 12
`Entered: November 18, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`
`v.
`
`DRAGON INTELLECTUAL PROPERTY, LLC
`Patent Owner.
`_______________
`
`Case IPR2015-01735
`Patent 5,930,444
`_______________
`
`
`
`Before NEIL T. POWELL, STACEY G. WHITE, and J. JOHN LEE,
`Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`
`DECISION
`Motion to Withdraw
`37 C.F.R. § 42.10
`
`
`
`IPR2015-01735
`Patent 5,930,444
`
`
`After receiving authorization from the Board, Patent Owner Dragon
`Intellectual Property, LLC filed a Motion to Withdraw. Paper 10. By its
`Motion, Patent Owner seeks to withdraw its counsel of record and states that
`it will designate Kai Zhu as lead counsel to represent Patent Owner in this
`proceeding. Id. Petitioner Sirius XM Radio Inc. filed a Response. Paper
`11. In its Response, Petitioner stated that while it does not oppose Patent
`Owner’s Motion, it agrees with counsel in IPR2015-00499, a proceeding
`that Petitioner seeks to join (Paper 3), and makes its lack of opposition
`contingent upon the scheduling of a deposition. Id. We note that no
`decision has been made as to whether this case shall be instituted, and thus,
`it is unknown whether any such deposition will be necessary. We have been
`informed, however, that dates have been offered, and we leave it to the
`parties to negotiate the scheduling of this and any other depositions that may
`be necessary in the event that any such proceeding is instituted. Given the
`circumstances of this proceeding, the Motion is granted.
`ORDER
`
`Accordingly, it is
`ORDERED that the Motion to Withdraw is granted;
`FURTHER ORDERED that Jason S. Angell and Robert E. Freitas are
`permitted to withdraw as counsel in this proceeding; and
`FURTHER ORDERED that Patent Owner is required to update its
`mandatory notices, and designate registered counsel as lead counsel to
`represent it in this proceeding, as well as back-up counsel as required by
`37 C.F.R. § 42.10(a).
`
`
`
`
`
`
`2
`
`
`
`IPR2015-01735
`Patent 5,930,444
`
`PETITIONER:
`
`Jonathan S. Caplan
`James Hannah
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jcaplan@kramerlevin.com
`jhannah@kramerlevin.com
`
`
`PATENT OWNER:
`
`Kai Zhu
`kz@dragonipllc.com
`
`3
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