`571.272.7822
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`Paper No. 18
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`Entered: January 20, 2022
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PLAYTIKA LTD. and PLAYTIKA HOLDING CORP.,
`Petitioner,
`
`v.
`
`NEXRF CORP.,
`Patent Owner.
`____________
`
`IPR2021-00951 (Patent 8,747,229 B2)
`IPR2021-00953 (Patent 9,646,454 B2)1
`____________
`
`
`Before LYNNE H. BROWNE, FREDERICK C. LANEY, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`BROWNE, Administrative Patent Judge.
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`
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`DECISION
`Granting Motions to Withdraw Counsel
`37 C.F.R. § 42.10
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`1 We exercise our discretion to issue one Decision for each of the above-
`listed proceedings. The proceedings have not been consolidated, and the
`parties are not authorized to use this caption format.
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`IPR2021-00951 (Patent 8,747,229 B2)
`IPR2021-00953 (Patent 9,646,454 B2)
`INTRODUCTION
`On January 11, 2022, without prior Board authorization, Alastair J.
`Warr filed motions to withdraw in each of the above-listed proceedings.
`Paper 17 (“Motions”).2 For the following reasons, the Motions are granted.
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`ANALYSIS
`Counsel may not withdraw from a proceeding before the Board unless
`the Board authorizes such withdrawal. 37 C.F.R. § 42.10(e). Generally, a
`motion to withdraw counsel will not be entered without prior Board
`authorization to file such a motion. See 37 C.F.R. § 42.20(b). Under
`37 C.F.R. § 42.5(b), however, the Board “may waive or suspend a
`requirement of [part 42 of the Board’s rules] and may place conditions on
`the waiver or suspension.” We determine in this circumstance that a waiver
`of prior authorization to file the Motions is appropriate because at this early
`stage of this proceeding no prejudice is shown. When filing any subsequent
`motions not otherwise authorized by rule or order, the parties must obtain
`prior authorization in compliance with 37 C.F.R. § 42.20(b).
`The Motions request authorization to withdraw Alastair J. Warr as
`back-up counsel for Patent Owner. Paper 17, 1. Patent Owner will continue
`to be represented by lead counsel, Eugene LeDonne, a registered patent
`attorney. Paper 17, 2. Patent Owner will also continue to be represented by
`back-up counsel Brian Murphy, Jonathan Herstoff, and Adam Yowell each
`being a registered patent attorney, and by back-up counsel Christopher
`Gosselin, who has been admitted pro hac vice. Id.; see also Paper 11.
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`2 The motions are substantially similar. For brevity, we refer to the Paper
`number in IPR2021-00951.
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`2
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`IPR2021-00951 (Patent 8,747,229 B2)
`IPR2021-00953 (Patent 9,646,454 B2)
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`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motions are granted, and Alastair J. Warr is
`allowed to withdraw as counsel from these proceedings; and
`FURTHER ORDERED that Patent Owner must file updated
`mandatory notices that do not include Mr. Warr as back-up counsel in
`accordance with 37 C.F.R. §§ 42.8 and 42.10, within ten (10) business days
`of the date of this order.
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`3
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`IPR2021-00951 (Patent 8,747,229 B2)
`IPR2021-00953 (Patent 9,646,454 B2)
`PETITIONER:
`
`Cory Bell
`Gerson Panitch
`Forrest Jones
`Christina Ji-Hye Yang
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`cory.bell@finnegan.com
`gerson.panitch@finnegan.com
`forrest.jones@finnegan.com
`christina.yang@finnegan.com
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`PATENT OWNER:
`
`
`Eugene LeDonne
`Brian Murphy
`Christopher Gosselin
`Jonahtan Herstoff
`HAUG PARTNERS LLP
`eledonne@haugpartners.com
`bmurphy@haugpartners.com
`cgosselin@haugpartners.com
`jherstoff@flhlaw.com
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`Adam Yowell
`FISHERBROYLES
`adam.yowell@fisherbroyles.com
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`4
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