throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 50
`Date: February 24, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`
`IPR2020-003241
`Patent 8,114,833 B2
`
`
`
`
`
`
`
`
`
`
`Before ERICA A. FRANKLIN, JOHN G. NEW, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner Pfizer’s Motion for Withdrawal
`and Substitution of Counsel
`37 C.F.R. § 42.10
`
`
`
`1 IPR2020-01252 has been joined with this proceeding.
`
`
`
`

`

`IPR2020-00324
`Patent 8,114,833 B2
`
`Counsel may withdraw from an inter partes review proceeding only
`
`with authorization from the Board. 37 C.F.R. § 42.10(e). With
`
`authorization from the Board, Petitioner Pfizer Inc. (“Pfizer”) filed a motion
`
`for withdrawal and substitution of its current lead and back-up counsel.
`
`Paper 41 (“Mot.”). Specifically, Pfizer seeks to withdraw Jovial Wong, of
`
`Winston & Strawn LLP, as lead counsel, and Charles B. Klein and Sharon
`
`Lin, also of Winston & Strawn LLP, as back-up counsel.2 Id. at 2. Pfizer
`
`seeks to substitute Thomas J. Meloro, of Willkie Farr & Gallagher LLP, as
`
`new lead counsel, and Michael W. Johnson, also of Willkie Farr &
`
`Gallagher LLP, as new back-up counsel. Id. at 1. Pfizer informs us that Co-
`
`Petitioner Mylan Institutional LLC and Patent Owner Novo Nordisk A/S do
`
`not oppose the motion. Id. at 1.
`
`In accordance with 37 C.F.R. § 42.10(b), Pfizer filed an amended
`
`Power of Attorney, Paper 42, to reflect appointment of the proposed
`
`substitute counsel. Pfizer has also updated its Mandatory Notices to reflect
`
`the proposed substitute counsel. Paper 43.
`
`ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Pfizer’s Motion for Withdrawal and Substitution of
`
`Counsel is granted;
`
`
`2 Pfizer’s original mandatory notices identified Charles B. Klein as back-up
`counsel. IPR2020-01252, Paper 2, 2. However, Pfizer’s original power of
`attorney, IPR2020-01252, Paper 1, and Pfizer’s motion for withdrawal and
`substitution of counsel, Mot., identify him as lead counsel. Consistent with
`the original mandatory notices, we refer to him as back-up counsel in this
`Order.
`
`
`
`2
`
`

`

`IPR2020-00324
`Patent 8,114,833 B2
`
`FURTHER ORDERED that Jovial Wong, Charles B. Klein, and
`
`Sharon Lin are no longer recognized as counsel for Pfizer in this proceeding;
`
`and
`
`FURTHER ORDERED that Thomas J. Meloro is recognized as new
`
`lead counsel for Pfizer, and Michael W. Johnson is recognized as new back-
`
`up counsel for Pfizer.
`
`
`For PETITIONER MYLAN:
`
`Brandon White
`White-ptab@perkinscoie.com
`
`Lara Dueppen
`Dueppen-ptab@perkinscoie.com
`
`Emily Greb
`Greb-ptab@perkinscoie.com
`
`For PETITIONER PFIZER:
`
`Thomas J. Meloro
`tmeloro@willkie.com
`
`Michael W. Johnson
`Mjohnson1@willkie.com
`
`For PATENT OWNER:
`
`Jeffrey Oelke
`joelke@fenwick.com
`
`Ryan Johnson
`Ryan.johnson@fenwick.com
`
`Laura Moran
`Laura.moran@fenwick.com
`
`
`
`3
`
`

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