`571-272-7822
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` Paper No. 16
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`Entered: March 17, 2022
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`ROKU, INC. and VIZIO, INC.,
`Petitioner,
`
`v.
`
`ANCORA TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`IPR2021-01406
`Patent 6,411,941 B1
`____________
`
`
`Before THU A. DANG, JONI Y. CHANG, and KEVIN W. CHERRY,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motion
`to Authorize Withdrawal of Counsel
`37 C.F.R. § 42.10
`
`
`
`IPR2021-01406
`Patent 6,411,941 B1
`
`
`With the Board’s prior authorization, Ancora Technologies, Inc
`(“Patent Owner”) filed a Motion to Authorize Withdrawal of Counsel.
`Paper 15 (“Mot.,” “Motion”). The Motion “moves the Board to authorize
`Patent Owner’s lead counsel Marc Lorelli and back-up counsel John P.
`Rondini to withdraw from this proceeding.” Mot. 1. The Motion also
`requests that “the Board to permit new counsel to appear in this proceeding,”
`and that “Patent Owner filed a Supplemental Mandatory Notice and Power
`of Attorney naming David Gosse and Nicholas Peters of the firm Fitch,
`Even, Tabin & Flannery LLC as Patent Owner’s new lead and back-up
`counsel.” Id.
`A party represented by counsel must designate a lead counsel and at
`least one back-up counsel. 37 C.F.R. § 42.10(a). Counsel may not withdraw
`from a proceeding unless the Board authorizes such withdrawal. 37 C.F.R.
`§ 42.10(e). A power of attorney must be filed with the designation of
`counsel, unless the designated counsel is already counsel of record. Id.
`§ 42.10(b). The parties must provide certain mandatory notices, including
`identification of lead and back-up counsel. Id. § 42.8. Where there is a
`change of information, a party must file a revised notice within 21 days of
`the change. Id. § 42.8(a)(3). Here, Patent Owner has received Board
`authorization to withdraw lead counsel Marc Lorelli and back-up counsel
`John P. Rondini from this proceeding, and has identified a substitute lead
`counsel, David A. Gosse (Reg. No. 61,511), and backup counsel, Nicholas
`T. Peters (Reg. No. 53,456), both of whom are registered practitioners. See
`Mot. 1. Patent Owner also filed a power of attorney for Mr. Gosse and Mr.
`Peters and an updated mandatory notice that identifies Mr. Gosse and Mr.
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`2
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`IPR2021-01406
`Patent 6,411,941 B1
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`Peters as substitute lead and back-up counsel, respectively. See Paper 12, 4;
`Paper 13, 1.
`In consideration of the foregoing, we grant Patent Owner’s Motion.
`Accordingly, it is
`ORDERED that Patent Owner’s Motion is granted; Marc Lorelli is
`allowed to withdraw as lead counsel, and David A. Gosse is allowed to be
`substituted as lead counsel; John P. Rondini is allowed to withdraw as
`backup counsel, and Nicholas T. Peters is allowed to be substituted as
`backup counsel.
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`3
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`IPR2021-01406
`Patent 6,411,941 B1
`
`For PETITIONER:
`
`Jon E. Wright
`Lestin L. Kenton
`Dohm Chankong
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jwright-PTAB@sternekessler.com
`lkenton-PTAB@sternekessler.com
`dchankong-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`For PATENT OWNER:
`
`David Goose
`Nicholas T. Peters
`Karen J. Wang
`FITCH, EVEN, TABIN & FLANNERY LLP
`dgoose@fitcheven.com
`ntpete@fitcheven.com
`kwang@fitcheven.com
`
`Marc Lorelli
`John Rondini
`BROOKS KUSHMAN
`mlorelli@brookskushman.com
`jrondini@brookskushman.com
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`4
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