`571-272-7822
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`Paper 6
`Date: March 2, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
`
`MICHAEL J. SINDONI,
`Petitioner Application 14/834,548,
`Petitioner,
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`v.
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`FCA US LLC,
`Respondent Application 14/209,123,
`Respondent.
`____________
`
`Case DER2016-00003
`____________
`
`
`Before JAMESON LEE, SALLY C. MEDLEY, and JAMES T. MOORE,
`Administrative Patent Judges.
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`LEE, Administrative Patent Judge.
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`
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`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
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`Case DER2016-00003
`Petitioner Application 14/834,548
`Respondent Application 14/209.123
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`
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`Introduction
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`On February 28, 2017, Petitioner sent an email communication to the Board,
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`without copying Respondent, that forwarded a previous undelivered email
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`communication from counsel for Petitioner, dated February 17, 2017, also without
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`copying Respondent, addressed to trials@uspto.com about this proceeding. The
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`email of February 28th has been entered as Exhibit 3001. The email dated
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`February 17, 2017 stated: “This is to confirm that I have withdrawn from this
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`matter and that all correspondence should be directed to Mr. Michael Sindoni. I
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`understand he contacted you yesterday and you needed this email to confirm.”
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`Discussion
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`
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`A communication from either Petitioner or Petitioner’s counsel to the Board
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`about anything other than formalistic or clerical matters without copying the
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`Respondent is clearly inappropriate and should not occur again. Potential
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`withdrawal of counsel is not a formalistic or clerical matter.
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`
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`Also, counsel may not withdraw from a proceeding unless a motion to
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`withdraw has been filed by the counsel seeking to withdraw and the motion has
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`been granted. 37 C.F.R. 42.10(e). The motion to withdraw should include
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`sufficient facts and reasoning to justify the withdrawal and must leave sufficient
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`time for Petitioner to seek and obtain other counsel. Additionally, a motion may
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`not be filed without prior authorization by the Board. 37 C.F.R. § 42.20(b).
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`2
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`Case DER2016-00003
`Petitioner Application 14/834,548
`Respondent Application 14/209.123
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`
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`Order
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`It is
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`ORDERED that Mr. Robert Gray is authorized to file a motion to withdraw
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`from this proceeding, but if the motion contends that Petitioner does not want to be
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`represented by any counsel in this proceeding, and will not be seeking other
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`counsel after withdrawal of Mr. Gray, then prior to filing of the motion Mr. Gray
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`must arrange a joint conference call with the Board, which includes participation of
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`Petitioner.
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`For Petitioner:
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`Robert Gray
`robert.gray@thegraylawgroup.com
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`For Respondent:
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`Thomas Jurecko
`tom@remarck.com
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`3
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