throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper 31
`Entered: July 24, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PROLLENIUM US, INC.,
`Petitioner,
`
`v.
`
`ALLERGAN INDUSTRIE, SAS,
`Patent Owner.
`____________
`
`IPR2019-01505 (Patent 8,450,475 B2);
`IPR2019-01506 and IPR2019-01632 (Patent 8,357,795 B2);
`IPR2019-01508 (Patent 9,238,013 B2);
`IPR2019-01509 (Patent 9,358,322 B2);
`IPR2019-01617 (Patent 8,822,676 B2); and
`IPR2020-00084 (Patent 9,089,519 B2)1
`____________
`
`
`
`Before GRACE KARAFFA OBERMANN, JOHN G. NEW,
`SHERIDAN K. SNEDDEN, and ROBERT A. POLLOCK,
`Administrative Patent Judges.2
`
`PER CURIAM
`
`ORDER
`Granting Patent Owner’s Motion to Withdraw Back-Up Counsel
`37 C.F.R. § 42.10
`
`
`1 This Order applies to each of the above-listed proceedings. We exercise
`our discretion to issue one Order to be filed in each proceeding. Unless
`otherwise authorized, the parties shall not use this heading style in any
`subsequent papers.
`
`2 This is not a decision by an expanded panel.
`
`

`

`IPR2019-01505 (Patent 8,450,475 B2)
`IPR2019-01506 and IPR2019-01632 (Patent 8,357,795 B2)
`IPR2019-01508 (Patent 9,238,013 B2)
`IPR2019-01509 (Patent 9,358,322 B2)
`IPR2019-01617 (Patent 8,822,676 B2)
`IPR2020-00084 (Patent 9,089,519 B2)
`
`
`On July 20, 2020, pursuant to our authorization via email, Allergan
`Industries, SAS (“Patent Owner”) filed a Motion to Withdraw Back-Up
`Counsel in each of the above-listed proceedings. Paper 35 (“Motion”).3
`Patent Owner requests withdrawal of Dorothy P. Whelan (Reg. No. 33,814),
`Michael Kane (Reg. No. 39,722), and Elizabeth Flanagan (pro hac vice) as
`backup counsel. Id. at 1. The Motion indicates that Anthony M. Insogna
`(Reg. No. 35,203) will remain as lead counsel for Patent Owner, and Tamera
`M. Weisser (Reg. No. 47,856), Christian Platt (Reg. No. 46,998), Sarah A.
`Geers (Reg. No. 69,123), and Jennifer M. Hartjes (Reg. No. 77,687) will
`remain as backup counsel.4 Id. Patent Owner filed Updated Mandatory
`Notices that omit Ms. Whelan, Mr. Kane, and Ms. Flanagan as backup
`counsel and include the aforementioned remaining lead and backup counsel.
`Paper 34. Patent Owner represents that Petitioner does not oppose the
`Motion. Motion 2.
`Counsel may withdraw from an inter partes review proceeding only
`with Board authorization. 37 C.F.R. § 42.10(e). Under these circumstances,
`we grant Patent Owner’s Motion.
`It is therefore,
`ORDERED that Patent Owner’s Motion to Withdraw Back-Up
`
`3 Paper and Exhibit numbers refer to IPR2019-01505. Similar papers were
`filed in the other proceedings.
`
`4 On July 8, 2020, Patent Owner filed a Power of Attorney (Paper 32) and
`Updated Mandatory Notices (Paper 31) adding Mr. Insogna, Ms. Weisser,
`Mr. Platt, Ms. Geers, and Ms. Hartjes as counsel.
`
`2
`
`

`

`IPR2019-01505 (Patent 8,450,475 B2)
`IPR2019-01506 and IPR2019-01632 (Patent 8,357,795 B2)
`IPR2019-01508 (Patent 9,238,013 B2)
`IPR2019-01509 (Patent 9,358,322 B2)
`IPR2019-01617 (Patent 8,822,676 B2)
`IPR2020-00084 (Patent 9,089,519 B2)
`
`Counsel in each of the above-listed proceedings is granted; and
`FURTHER ORDERED that Dorothy P. Whelan, Michael Kane, and
`Elizabeth Flanagan are withdrawn as counsel for Patent Owner in the above-
`listed proceedings.
`
`
`FOR PETITIONER:
`
`Christopher L. Curfman
`William W. Cutchins
`MEUNIER CARLIN & CURFMAN LLC
`ccurfman@mcciplaw.com
`wcutchins@mcciplaw.com
`
`FOR PATENT OWNER:
`
`Dorothy P. Whelan
`Michael Kane
`FISH & RICHARDSON P.C.
`whelan@fr.com
`kane@fr.com
`
`
`
`
`
`
`
`3
`
`

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