`Tel: 571-272-7822
`
`
`Paper 43
`Entered: February 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner
`
`v.
`
`PATRICK ZUILI,
`Patent Owner.
`____________
`
`Case CBM2016-00022
`Patent 7,953,667 B1
`_______________
`
`
`
`Before JAMESON LEE, GLENN J. PERRY, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`
`LEE, Administrative Patent Judge.
`
`
`
`Order
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`CBM2016-00022
`Patent 7,953,667 B1
`
`
`On February 8, 2017, Patent Owner Patrick Zuili sent an email to the
`Board stating that he objected to the changes in Petitioner’s counsel as noted
`in Petitioner’s Updated Mandatory Notices (Paper 41). Ex. 3008. In the
`Updated Mandatory Notice, Petitioner designated Robert G. Pluta as lead
`counsel and changed the designation of Saqib Siddiqui from lead counsel to
`back-up counsel. Paper 41, 1. Petitioner previously asked for permission to
`file a motion to withdraw Brian Rosenthal as back-up counsel because he is
`no longer associated with the firm of Mayer Brown LLP.
`Patent Owner objected to these changes as improper under our Rules
`and sought to have a conference call with the Board to discuss sanctions for
`these allegedly improper modifications to Petitioner’s counsel. Ex. 3002.
`We deny Patent Owner’s request for a conference call. By regulation, the
`parties are permitted to designate lead and back-up counsel. 37 C.F.R.
`§ 42.10. Thus, it was not improper for Petitioner to designate Robert Pluta
`as lead counsel, and for Mr. Siddiqui to change status from lead to back-up
`counsel without seeking authorization. Mr. Rosenthal, however, may not
`withdraw from the case without authorization. Mr. Rosenthal remains as
`counsel in this matter until and unless he is granted permission to withdraw.
`We authorize Mr. Rosenthal to file a two-page motion to withdraw by
`February 15, 2017. The motion shall indicate whether his power of attorney
`from Petitioner has been revoked and whether Petitioner still desires his
`representation as counsel. We authorize Patent Owner to file a two-page
`opposition by February 20, 2017. No reply brief is authorized.
`
`
`
`2
`
`
`
`CBM2016-00022
`Patent 7,953,667 B1
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s request for a conference call is
`denied;
`FURTHER ORDERED that Mr. Rosenthal is authorized to file a two-
`page motion to withdraw by February 15, 2017 and Patent Owner is
`authorized to file an opposition, limited to two pages, by February 20, 2017;
`and
`
`FURTHER ORDERD that Patent Owner’s request to expunge
`Petitioner’s Updated Mandatory Notice is denied.
`
`
`
`
`Counsel for Petitioner:
`
`3
`
`Robert Pluta
`Saqib Siddiqui
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`ssiddiqui@mayerbrown.com
`
`
`
`Patent Owner (pro se):
`
`Patrick Zuili
`patrick@tenderbox.tv
`
`
`
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