`571-272-7822
`
`
`
` Paper 51
`
` Entered: May 4, 2022
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONOS, INC.,
`Petitioner,
`
`v.
`
`IMPLICIT, LLC,
`Patent Owner.
`____________
`
`IPR2018-00766 (Patent 7,391,791 B2)
` IPR2018-00767 (Patent 8,942,252 B2)1
`____________
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. MCSHANE, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`MCSHANE, Administrative Patent Judge.
`
`
`ORDER
`Denying Motion to Withdraw and Substitute Counsel
`37 C.F.R. § 42.10
`
`
`
`
`1 We exercise our discretion to issue one Order to be filed in each
`proceeding. The parties are not authorized to use this style heading for any
`subsequent papers.
`
`
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2)
`Further to the Board’s authorization, on April 27, 2022, Implicit, LLC
`(“Patent Owner”) filed Motions to Withdraw and Substitute Counsel in each
`of the above-listed proceedings (“Motions”).2 Paper 55; Paper 56.
`Specifically, Patent Owner requests the withdrawal of lead counsel James
`Hopenfeld (Paper 55), and backup counsels Christian Hurt, William E.
`Davis, III, and Kirk A. Voss (Paper 56). Patent Owner further requests the
`designation of Timothy P. McAnulty, current backup counsel, as lead
`counsel. Paper 55, 1. Patent Owner indicates that Petitioner does not
`oppose the Motions. Id. For the reason set forth below, we deny the
`Motions without prejudice.
`We deny the Motions because Patent Owner has not identified backup
`counsel to replace Mr. McAnulty, who would become lead counsel if the
`Motions are granted. See 37 C.F.R. § 42.10(a) (“the party must designate a
`lead counsel and at least one backup counsel” (emphasis added)). We note
`that Patent Owner has filed a power of attorney for Mr. McAnulty (Paper
`50), but no power of attorney has been filed for a new backup counsel. See
`C.F.R. § 42.10(b) (“A power of attorney must be filed with the designation
`of counsel”).
`Accordingly, we deny the Motions without prejudice. We grant leave
`for Patent Owner to file corrected motions for withdrawal and designations.
`
`It is, therefore,
`ORDERED that Patent Owner’s Motions are denied without
`
`prejudice; and
`
`
`2 All citations are to IPR2018-00766 because the filings in IPR2018-00767
`have the same substantive content.
`
`2
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2)
`FURTHER ORDERED that Patent Owner is granted leave to file
`corrected motions.
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2)
`
`
`PETITIONER:
`
`Rory P. Shea
`Cole B. Richter
`George I. Lee
`Michael P. Boyea
`LEE SULLIVAN SHEA & SMITH LLP
`shea@ls3ip.com
`richter@ls3ip.com
`lee@ls3ip.com
`boyea@ls3ip.com
`
`
`PATENT OWNER:
`
`James Hopenfeld
`SINGER BEA, LLP
`jhopenfeld@singerbea.com
`
`Christian Hurt
`William E. Davis, III
`THE DAVIS FIRM, PC
`churt@davisfirm.com
`bdavis@davisfirm.com
`
`Timothy P. McAnulty
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`timothy.mcanulty@finnegan.com
`
`
`4
`
`
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