`Tel: 571-272-7822
`
`
`
`IPR2015-01750, Paper 86
`IPR2015-01751, Paper 88
`IPR2015-01752, Paper 86
`Entered: December 6, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RPX CORPORATION,
`Petitioner,
`
`v.
`
`APPLICATIONS IN INTERNET TIME, LLC,
`Patent Owner.
`
`Case IPR2015-01750
`Patent 8,484,111 B2
`
`Case IPR2015-01751
`Case IPR2015-01752
`Patent 7,356,482 B21
`
`
`
`
`
`
`
`
`
`Before LYNNE E. PETTIGREW, MITCHELL G. WEATHERLY, and
`JENNIFER MEYER CHAGNON, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`Granting Patent Owner’s Motion to Withdraw and Substitute Counsel
`37 C.F.R. § 42.10
`
`
`
`
`
`1 This order addresses issues common to all cases; therefore, we issue a
`single order to be entered in each case.
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`
`Pursuant to authorization from the panel,2 Patent Owner filed a
`
`Motion to Withdraw Backup Counsel and to Substitute New Lead Counsel.
`
`Paper 85 (“Motion” or “Mot.”)3.
`
`Withdrawal of Ms. Sarvaiya as Back-up Counsel
`
`Patent Owner’s Motion requests withdrawal of Ms. M. Kala Sarvaiya
`
`as back-up counsel. Mot. 1. Counsel may withdraw from an inter partes
`
`review proceeding only with authorization from the Board. 37 C.F.R.
`
`§ 42.10(e). Other registered counsel remain of record in these proceedings.
`
`Thus, Patent Owner’s request to withdraw Ms. Sarvaiya as back-up counsel
`
`is granted.
`
`Substitution of Mr. Steven C. Sereboff as Lead Counsel
`
`The Motion requests substitution of Mr. Steven C. Sereboff as lead
`
`counsel. Mot. 1. During the November 16, 2018, conference call, counsel
`
`for Petitioner expressed concern about Mr. Sereboff’s participation as lead
`
`counsel, but indicated that Petitioner would not oppose Patent Owner’s
`
`request. Counsel’s concern stemmed from Mr. Sereboff’s prior disclosure of
`
`confidential information in these proceedings. See Paper 58 (Order deciding
`
`Petitioner’s Motion for Sanctions), 3–6. At that time, Mr. Sereboff
`
`voluntarily withdrew as counsel from these proceedings (see Paper 25
`
`(Motion to Withdraw); Paper 43 (Order granting Motion)); Mr. Sereboff was
`
`reinstated as back-up counsel just prior to the oral hearing (see Paper 75
`
`
`2 Authorization for this motion was provided during a conference call
`conducted on November 16, 2018.
`3 Unless indicated otherwise, citations herein are to papers and exhibits filed
`in IPR2015-01750. Similar papers and exhibits were filed in
`IPR2015-01751 and IPR2015-01752.
`
`2
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`
`(authorizing Mr. Sereboff to present arguments at oral hearing); Paper 76
`
`(Patent Owner’s updated mandatory notices)).
`
`We recognize Petitioner’s concerns regarding confidential information
`
`in these proceedings. However, we also recognize Patent Owner’s desire to
`
`be represented by counsel of its choice in these proceedings. The panel
`
`expects the parties to adhere strictly to all requirements regarding
`
`confidential information going forward in these proceedings.
`
`Patent Owner’s request to substitute Mr. Sereboff as lead counsel is
`
`granted. Mr. Jonathan P. Pearce will remain as back-up counsel. See
`
`Mot. 1. Patent Owner shall confirm that its mandatory notices and official
`
`electronic file records have been updated accordingly.
`
`Protective Order and Confidential Information
`
`The parties are reminded that a protective order (Ex. 3001) remains in
`
`effect in each of these proceedings. See Paper 50 (entering Board’s default
`
`protective order (Ex. 1017)); Paper 58, 11–13 (discussing revisions to
`
`default protective order), 15 (entering revised protective order (Ex. 3001)).
`
`The parties are further reminded that the Case Management and Scheduling
`
`Order provides guidance on the handling of confidential information. See
`
`Paper 52, 2–3.
`
`
`
`In view of the foregoing, it is hereby:
`
`ORDERED that Patent Owner’s Motion is granted;
`
`FURTHER ORDERED that Ms. Sarvaiya is withdrawn as back-up
`
`counsel from these proceedings;
`
`3
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`
`FURTHER ORDERED that Mr. Sereboff is recognized as lead
`
`counsel for Patent Owner in these proceedings; and
`
`FURTHER ORDERED that the revised Protective Order,
`
`Exhibit 3001, remains in effect in each of these proceedings.
`
`
`
`
`
`4
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`
`PETITIONER:
`
`Richard F. Giunta
`Elisabeth H. Hunt
`Randy J. Pritzker
`Michael N. Rader
`WOLF, GREENFIELD & SACKS, P.C.
`RGiunta-PTAB@wolfgreenfield.com
`EHunt-PTAB@wolfgreenfield.com
`RPritzker-PTAB@wolfgreenfield.com
`MRader-PTAB@wolfgreenfield.com
`
`PATENT OWNER:
`
`Jonathan Pearce
`M. Kala Sarvaiya
`SOCAL IP LAW GROUP LLP
`jpearce@socalip.com
`ksarvaiya@socalip.com
`
`
`
`
`5
`
`
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