`571-272-7822
`
`
`
`
`Paper: 69
`
`Entered: May 19, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NEW WORLD MEDICAL, INC.,
`Petitioner,
`
`v.
`
`MICROSURGICAL TECHNOLOGY, INC.,
`Patent Owner.
`____________
`
`IPR2020-01573, Patent 9,107,729 B2
`IPR2020-01711, Patent 9,358,155 B2
`IPR2021-00017, Patent 9,820,885 B2
`IPR2021-00065, Patent 10,123,905 B2
` IPR2022-00684, Patent 10,888,460 B21
`____________
`
`
`Before JAMES A. TARTAL, JAMES A. WORTH,
`ROBERT A. POLLOCK, RYAN H. FLAX, and
`DEVON ZASTROW NEWMAN, Administrative Patent Judges.2
`
`FLAX, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motion for Withdrawal
`and Substitution of 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
`authorized, the parties shall not use this heading style in any papers.
`2 This is not a decision by an expanded panel.
`
`
`
`IPR2020-01573, Patent 9,107,729; IPR2020-01711, Patent 9,358,155;
`IPR2021-00017, Patent 9,820,885; IPR2021-00065, Patent 10,123,905;
`IPR2022-00684, Patent 10,888,460
`
`
`On May 11, 2022, pursuant to our authorization via email,
`MicroSurgical Technology, Inc. (“Patent Owner”) filed a Motion for
`Withdrawal and Substitution of Counsel in each of the above-identified
`proceedings. Paper 66 (“Motion”). 3 Patent Owner requests withdrawal of
`Lawrence M. Sung (Reg. No. 38,330) as lead counsel, and Mary Sylvia
`(Reg. No. 37,156) and Teresa M. Summers (pro hac vice) as back-up
`counsel. Id. at 1. Patent Owner seeks to designate Larissa S. Bifano (Reg.
`No. 59,051) as new lead counsel and Yousuf U. Ahmed (Reg. No. 74,070)
`as new back-up counsel. Id. Patent Owner represents that Petitioner does
`not oppose the Motion. Motion 2.
`Patent Owner filed Power of Attorney for practitioners associated
`with Customer Number 128166, with which Ms. Bifano and Mr. Ahmed are
`associated. Paper 67. Patent Owner also filed Updated Mandatory Notices
`omitting Mr. Sung, Ms. Sylvia, and Ms. Summers, and listing Ms. Bifano as
`lead counsel and Mr. Ahmed as back-up counsel. Paper 68.
`Counsel may withdraw from an inter partes review proceeding with
`Board authorization. 37 C.F.R. § 42.10(e). Under the circumstances, we
`grant Patent Owner’s Motion.
`
`Accordingly, it is:
`ORDERED that Patent Owner’s Motion for Withdrawal and
`Substitution of Counsel in each of the above-listed proceedings is granted;
`
`
`3 For efficiency, we cite to the record from IPR2020-01573; the records in
`the related proceedings are similar.
`
`2
`
`
`
`IPR2020-01573, Patent 9,107,729; IPR2020-01711, Patent 9,358,155;
`IPR2021-00017, Patent 9,820,885; IPR2021-00065, Patent 10,123,905;
`IPR2022-00684, Patent 10,888,460
`
`
`FURTHER ORDERED that Lawrence M. Sung, Mary Sylvia, and
`Teresa M. Summers are withdrawn as counsel for Patent Owner in the
`above-listed proceedings; and
`FURTHER ORDERED that Larissa S. Bifano is recognized as lead
`counsel and Yousuf U. Ahmed is recognized as back-up counsel for Patent
`Owner in the above-listed proceedings.
`
`
`3
`
`
`
`IPR2020-01573, Patent 9,107,729; IPR2020-01711, Patent 9,358,155;
`IPR2021-00017, Patent 9,820,885; IPR2021-00065, Patent 10,123,905;
`IPR2022-00684, Patent 10,888,460
`
`FOR PETITIONER:
`
`Todd R. Tucker
`Kyle T. Deighan
`CALFEE, HALTER & GRISWOLD LLP
`ttucker@calfee.com
`kdeighan@calfee.com
`
`FOR PATENT OWNER:
`
`Lawrence M. Sung
`Mary Sylvia
`Teresa Summers
`WILEY REIN LLP
`lsung@wiley.law
`msylvia@wiley.law
`tsummers@wiley.law
`
`
`
`
`
`4
`
`
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