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`Paper No. 102
`
` Date: May 18, 2022
`
`Trials@uspto.gov
`571.272.7822
`
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner,
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`____________
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)1
`____________
`
`Before PATRICK M. BOUCHER, and CHRISTOPHER L. OGDEN,
`Administrative Patent Judges.
`
`Per Curiam
`
`
`ORDER
`Conditionally Granting Huawei Petitioners’ Motions for
`Withdrawal and Substitution of Back-Up Counsel
`37 C.F.R. § 42.10(e)
`
`
`
`1 We issue one Order to be entered in each proceeding. The parties are not
`authorized to use this style caption unless later permitted.
`
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`On April 6, 2022, with Board authorization, Petitioners Huawei
`Device USA, Inc., Huawei Device Co. Ltd., Huawei Technologies Co. Ltd.,
`Huawei Device (Dongguan) Co. Ltd., Huawei Investment & Holding Co.
`Ltd., Huawei Tech. Investment Co. Ltd., and Huawei Device (Hong Kong)
`Co. Ltd. (“Huawei Petitioners”) filed Motions for Withdrawal and
`Substitution of Lead and Back-Up Counsel (“Motions”) in the above-
`identified proceedings. Paper 101. 2 The Huawei Petitioners request the
`withdrawal of lead counsel Kristopher L. Reed and back-up counsel
`Benjamin M. Kleinman and Norris P. Boothe because “current lead and
`backup counsel from Kilpatrick Townsend & Stockton LLP will no longer
`represent the Huawei Petitioners going forward.” Id. at 1. The Huawei
`Petitioners request the substitution of Steven M. Geiszler (Reg. No 51,725)
`as lead counsel and Mark J. Ziegelbein (Reg. No. 43,307) and Jie Cui (Reg.
`No. 79,389) as back-up counsel. Id. The Huawei Petitioners indicate that
`“[u]pon grant of this motion, the Huawei entities will promptly file an
`Amended Patent Owner’s Mandatory Notice and a new Power of Attorney.”
`Id. at 2.
`The Huawei Petitioners “agree to continue to be bound by the terms of
`the Protective Order entered in these proceedings” and assert “that the new
`lead and backup counsel listed above shall sign and provide to all parties a
`signed copy of the Acknowledgment for Access to Protective Order Material
`. . . before accessing any sealed materials in these proceedings.” Id.
`According to the Huawei Petitioners, “the new lead and backup counsel
`listed above shall be treated as in-house counsel of the Huawei Petitioners”
`
`
`2 For expediency, we cite to papers in IPR2018-01257. Similar papers were
`filed in IPR2018-01258.
`
`2
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`and “shall not have access to Patent Owner’s or the other Petitioners’
`‘HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL.’” Id.
`The Huawei Petitioners indicate that Patent Owner and the other
`Petitioners do not oppose the Motions. Id.
`A party represented by counsel must designate a lead counsel and at
`least one backup counsel. 37 C.F.R. § 42.10(a). In addition, counsel may
`not withdraw from an inter partes review proceeding unless the Board
`authorizes such withdrawal. 37 C.F.R. § 42.10(e). Notwithstanding Patent
`Owner’s designation of Steven M. Geiszler as new lead counsel and Mark J.
`Ziegelbein and Jie Cui as new backup counsel (id. at 1), no new power of
`attorney has been filed. Accordingly, the attorneys currently designated as
`counsel for the Huawei Petitioners under 37 C.F.R. § 42.8(b)(3) will remain
`of record until new lead and backup counsel are identified by an appropriate
`power of attorney. See 37 C.F.R. § 42.10(b).
`Under these circumstances, we conditionally grant the Huawei
`Petitioners’ Motions. Kristopher L. Reed, Benjamin M. Kleinman, and
`Norris P. Boothe will be authorized to withdraw as counsel effective upon
`the Huawei Petitioners’ filing of a power of attorney assigning Steven M.
`Geiszler, Mark J. Ziegelbein, and Jie Cui as counsel.
`
`It is,
`ORDERED that the Huawei Petitioners’ Motions for Withdrawal and
`Substitution of Lead and Back-up Counsel are conditionally granted,
`effective upon the Huawei Petitioners’ filing of a power of attorney and
`updated mandatory notices identifying Steven M. Geiszler as lead counsel
`and Mark J. Ziegelbein and Jie Cui as backup counsel.
`
`
`3
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`PETITIONER:
`Matthew A. Smith
`Andrew S. Baluch
`SMITH BALUCH LLP
`smith@smithbaluch.com
`baluch@smithbaluch.com
`
`James Sobieraj
`Jon Beaupre
`Yeuzhong Feng
`BRINKS GILSON & LIONE
`jsobieraj@brinksgilson.com
`jbeaupre@brinksgilson.com
`yfen@brinksgilson.com
`
`Naveen Modi
`Chetan Bansal
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`chetanbansal@paulhastings.com
`
`Collin Park
`Andrew Devkar
`Jeremy Peterson
`Adam Brooke
`MORGAN LEWIS & BOCKIUS LLP
`Collin.park@morganlewis.com
`Andrew.devkar@morganlewis.com
`jpeterson@morganlewis.com
`adam.brooke@morganlewis.com
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`Kristopher Reed
`Benjamin Kleinman
`Norris Booth
`KILPATRICK TOWNSEND
`kreed@kilpatricktownsend.com
`bkleinman@kilpatricktownsend.com
`nboothe@kilpatricktownsend.com
`
`PATENT OWNER:
`
`Jay P. Kesan
`DIMURO GINSBERG PC-DGKEYIP GROUP
`jkesan@dimuro.com
`
`Ari Rafilson
`SHORE CHAN DEPUMPO LLP
`arafilson@shorechan.com
`
`5
`
`
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