`Date: July 8, 2021
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FITBIT, INC.
`Petitioner
`
`v.
`
`VALENCELL, INC.
`Patent Owner
`____________
`
`Case IPR2017-003191
`Patent 8,923,941 B2
`____________
`
`Before BRIAN J. McNAMARA, JAMES B. ARPIN, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`DECISION
`Granting Motion to Withdraw
`37 C.F.R. § 42.10(e)
`
`
`
`On July 6, 2021, after obtaining our e-mail authorization pursuant to 37
`C.F.R. § 42.20(b), Justin B. Kimble (Registration No. 58,591), Patent Owner’s
`lead counsel, filed a Motion to Withdraw requesting to withdraw as Patent
`
`
`1 Case IPR2017-01555 has been joined with this proceeding.
`
`
`
`IPR2017-00319
`
`Patent 8,923,941 B2
`Owner’s counsel in this inter partes review. IPR2017-00319, Paper 75 (“Mot.”).
`No opposition has been filed, and Patent Owner indicates that Petitioner does not
`oppose this motion. Id. at 1. For the following reasons, the motion is granted.
`
`
`
`DISCUSSION
`
`Counsel may withdraw from an inter partes review proceeding only with
`authorization from the Board. 37 C.F.R. § 42.10(e). Normally, this is
`accomplished by filing a motion to withdraw, which requires the Board’s prior
`authorization. See 37 C.F.R. § 42.20(b). Once authorization is granted, the motion
`then is made by the attorney seeking to withdraw. See, e.g., IPR2017-00319, Paper
`61. Here, Mr. Kimble obtained our authorization to file and signed and filed the
`Motion to Withdraw.
`Patent Owner continues to be represented by registered practitioners. See
`Mot. 1. Moreover, Mr. Kimble informs us that, upon the grant of his Motion to
`Withdraw, Patent Owner will file updated Mandatory Notices removing
`Mr. Kimble and designating Daniel F. Olejko (Registration No. 76,958) as Patent
`Owner’s lead counsel.
`It is therefore:
`ORDERED that Justin B. Kimble’s Motion to Withdraw is granted;
`FURTHER ORDERED that Daniel F. Olejko is recognized as Patent
`Owner’s lead counsel in this inter partes review; and
`FURTHER ORDERED that Patent Owner shall file updated Mandatory
`Notices and update the Board’s electronic filing system to reflect the change in
`lead counsel.
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2017-00319
`Patent 8,923,941 B2
`WITHDRAWING ATTORNEY:
`
`Justin B. Kimble
`NELSON BUMGARDNER ALBRITTON PC
`justin@nbafirm.com
`
`For PETITIONER:
`
`James Glass
`Ogi Zivojnovic
`Sam Stake
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`ogizivojnovic@quinnemanuel.com
`sstake@quinnemanuel.com
`
`
`For PATENT OWNER:
`
`Daniel F. Olejko
`BRAGALONE CONROY PC
`dolejko@bcpc-law.com
`
`
`3
`
`
`
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