`Tel: 571-272-7822
`Entered: November 28, 2017
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`TWITTER, INC.,
`Petitioner,
`
`v.
`
`YOUTOO TECHNOLOGIES, LLC,
`Patent Owner.
`
`____________
`
`IPR2017-01131 (Patent 8,464,304 B2)
`IPR2017-01133 (Patent 8,601,506 B2)
`______________
`
`
`
`Before SALLY C. MEDLEY, CHARLES J. BOUDREAU, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Denying Patent Owner’s Motions to Withdraw Counsel
`37 C.F.R. § 42.10
`
`
`
`
`
`
`IPR2017-01131 (Patent 8,464,304 B2)
`IPR2017-01133 (Patent 8,601,506 B2)
`
`
`On November 2, 2017, Petitioner filed, in each of the above
`proceedings, a motion to withdraw Scott McKeown as lead counsel and
`Stephen L. Levine as back-up counsel. Paper 12.1 Petitioner filed an
`opposition. Paper 15.
`According to the motion to withdraw, “Patent Owner appoints Joseph
`F. DePumpo of Shore Chan DePumpo LLP as lead counsel in this matter.”
`Paper 14, 2. Patent Owner also filed an updated mandatory notice indicating
`that Mr. DePumpo is lead counsel for the proceedings. Paper 13.
`Subsequent to the filing of the motions to withdraw, however, Mr. DePumpo
`informed the Board that he has “not been retained by Patent Owner to
`represent it in those IPRs, and do[es] not currently represent and ha[s] no
`intention of representing Patent Owner in the IPRs.” Ex. 3001. In addition,
`no power of attorney was filed for new Patent Owner counsel.
`A party represented by counsel must designate a lead counsel.
`37 C.F.R. § 42.10(a). In addition, counsel may not withdraw from a
`proceeding unless the Board authorizes such withdrawal. 37 C.F.R.
`§ 42.10(e). Notwithstanding Patent Owner’s representations that Mr.
`DePumpo is new lead counsel in each proceeding (Papers 12 and 13), Mr.
`DePumpo apparently has no intention of representing Patent Owner in the
`proceedings.2 Moreover, no power of attorney assigning Mr. DePumpo as
`counsel was filed. Based on the record before us, Patent Owner does not
`have a lead counsel to replace current lead counsel, Mr. McKeown.
`Accordingly, Patent Owner’s motions to withdraw counsel are denied.
`
`
`1 Citations are to IPR2017-01131.
`2 The parties are reminded that they have a duty of candor with the Office
`during the course of a proceeding. 37 C.F.R. § 42.11.
`2
`
`
`
`
`
`IPR2017-01131 (Patent 8,464,304 B2)
`IPR2017-01133 (Patent 8,601,506 B2)
`
`
`
`PETITIONER:
`
`Todd M. Siegel
`Andrew M. Mason
`Robert T. Cruzen
`KLARQUIST SPARKMAN, LLP
`todd.siegel@klarquist.com
`andrew.mason@klarquist.com
`rob.cruzen@klarquist.com
`
`PATENT OWNER:
`
`Scott McKeown
`OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP
` cpdocketmckeown@oblon.com
`
`Spencer C. Patterson
`GRABLE MARTIN FULTON PLLC
`spatterson@gchub.com
`
`Stephen L. Levine
`CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P.
`slevine@ccsb.com
`
`
`
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`
`
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`
`3
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