`571.272.7822
`
`
`
`
`
`
`
` Paper No. 11
` Entered: June 21, 2023
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`NEO WIRELESS, LLC,
`Patent Owner.
`____________
`
`IPR2023-00764 (Patent 10,965,512 B2)
`IPR2023-00765 (Patent 10,833,908 B2)
` IPR2023-00766 (Patent 10,075,941 B2)1
`____________
`
`
`Before HYUN J. JUNG, CHARLES J. BOUDREAU, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`ORDER
`Conditionally Granting Petitioner’s Motion to Withdraw and Substitute
`Counsel
`37 C.F.R. § 42.10
`
`
`
`
`
`
`1 This Order addresses the same issue for the above-identified proceedings.
`Therefore, we exercise our discretion to issue one order to be filed in each
`proceeding. The parties, however, are not authorized to use this style
`heading in any subsequent papers.
`
`
`
`
`
`IPR2023-00764 (Patent 10,965,512 B2)
`IPR2023-00765 (Patent 10,833,908 B2)
`IPR2023-00766 (Patent 10,075,941 B2)
`
`
`On May 10, 2023, with our prior authorization, Petitioner filed
`
`Petitioner’s Unopposed Motion to Withdraw Counsel and Substitute Lead
`
`Counsel in these proceedings. Paper 9 (“Motion”).2 The Motion requests
`
`withdrawal of lead counsel Jonathan M. Strang (Reg. No. 61,724), and
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`backup counsel Matthew J. Moore (Reg. No. 42,012), Ashley N. Finger
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`(Reg. No. 78,093), and Kumar Ravula (Reg. No. 65,588), each of Latham &
`
`Watkins LLP, and the substitution of John S. LeRoy (Reg. No. 48,158) as
`
`new lead counsel and Christopher Smith (Reg. No. 59,669) as new backup
`
`counsel, each of Brooks Kushman, pursuant to 37 C.F.R. § 42.10.
`
`Motion 1–2.3 Petitioner indicates that “[i]f [the motion is] granted,
`
`Petitioner will promptly file an Updated Power of Attorney and Updated
`
`Mandatory Notices identifying substitute lead counsel.” Id. at 2. Petitioner
`
`indicates that Patent Owner does not oppose the Motion. Id. at 1.
`
`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
`
`Petitioner’s representations that Mr. LeRoy is new lead counsel and Mr.
`
`Smith is new backup counsel (Motion 1–2), no power of attorney for Mr.
`
`LeRoy and Mr. Smith has been filed. Mr. Strang, Mr. Moore, Ms. Finger,
`
`and Mr. Ravula, and any other attorneys currently designated as counsel for
`
`
`2 For purposes of expediency, we cite to Papers filed in IPR2023-00764.
`Petitioner filed a similar Motion in each of IPR2023-00765 and IPR2023-
`00766.
`3 Mr. LeRoy and Mr. Smith have already been identified as backup counsel
`in Petitioner’s Updated Mandatory Notices (Paper 8) but have not yet been
`included in a power of attorney.
`
`2
`
`
`
`IPR2023-00764 (Patent 10,965,512 B2)
`IPR2023-00765 (Patent 10,833,908 B2)
`IPR2023-00766 (Patent 10,075,941 B2)
`
`Petitioner 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 Petitioner’s
`
`Motion. Mr. Strang, Mr. Moore, Ms. Finger, and Mr. Ravula will be
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`authorized to withdraw as counsel effective upon Petitioner’s filing of a
`
`power of attorney assigning Mr. LeRoy and Mr. Smith as counsel.
`
`
`
`
`
`It is
`
`ORDERED that the Motion to Withdraw Counsel and Substitute Lead
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`Counsel is conditionally granted, effective upon Petitioner’s filing of a
`
`power of attorney and updated mandatory notices identifying new lead and
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`backup counsel; and
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`FURTHER ORDERED that Jonathan M. Strang, Matthew J. Moore,
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`Ashley N. Finger, and Kumar Ravula shall be withdrawn from this
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`proceeding, effective upon Petitioner’s filing of a power of attorney and
`
`updated mandatory notices identifying new lead and backup counsel.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2023-00764 (Patent 10,965,512 B2)
`IPR2023-00765 (Patent 10,833,908 B2)
`IPR2023-00766 (Patent 10,075,941 B2)
`
`
`
`
`For PETITIONER:
`
`Jonathan M. Strang
`Matthew J. Moore
`Ashley N. Finger
`Kumar Ravula
`LATHAM & WATKINS LLP
`jonathan.strang@lw.com
`matthew.moore@lw.com
`ashley.finger@lw.com
`surendrakumar.ravula@lw.com
`
`
`For PATENT OWNER:
`
`Kenneth J. Weatherwax
`Parham Hendifar
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`NeoWireless_IPRs@lowensteinweatherwax.com
`
`Hamad M. Hamad
`CALDWELL, CASSADY, & CURRY PC
`
`4
`
`
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