`Date: October 9, 2020
`
`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 October 1, 2020, after obtaining our e-mail authorization pursuant to 37
`C.F.R. § 42.20(b), Petitioner filed a Motion to Withdraw requesting to withdraw
`Jeremy Taylor and other practitioners associated with Baker Botts LLP (Customer
`
`
`1 Case IPR2017-01555 has been joined with this proceeding.
`
`
`
`IPR2017-00319
`
`Patent 8,923,941 B2
`No. 21003) (hereinafter “the withdrawing attorneys”), as Petitioner’s counsel in
`this inter partes review. IPR2017-00319, Paper 59 (“Mot.”). No opposition has
`been filed, and Petitioner indicates that Patent Owner does not oppose this motion.
`Mot. 2. 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 before filing. See 37 C.F.R. § 42.20(b). Once authorization is
`granted, the motion then is made by the attorney(s) seeking to withdraw. See, e.g.,
`IPR2013-00010, Paper 30; IPR2013-00067, Paper 35. Here, Petitioner filed the
`Motion to Withdraw on behalf of the withdrawing attorneys, and Petitioner’s lead
`counsel signed the motion, instead of the withdrawing attorneys.
`Petitioner and the withdrawing attorneys have not followed the prescribed
`procedure. See Mot. 1 n.1. Nevertheless, because Patent Owner does not oppose
`the motion, Petitioner continues to be represented by registered practitioners, and
`there is no reason to believe that the withdrawing attorneys do not seek to
`withdraw; there is no prejudice shown. Consequently, the panel treats the motion
`as if it were properly filed by the withdrawing attorneys. Under the circumstances,
`we see no reason to deny the motion.
`It is therefore
`ORDERED that Petitioner’s motion is granted; and
`FURTHER ORDERED that Jeremy Taylor and other practitioner’s
`associated with Baker Botts LLP (Customer No. 21003) are permitted to withdraw
`as counsel in this proceeding.
`.
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2017-00319
`Patent 8,923,941 B2
`
`WITHDRAWING ATTORNEYS:
`
`Jeremy Taylor
`BAKER BOTTS LLP
`jeremy.taylor@bakerbotts.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:
`Justin Kimble
`Daniel F. Olejko
`BRAGALONE CONROY PC
`JKimble-IPR@bcpc-law.com
`dolejko@bcpc-law.com
`
`
`3
`
`
`
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