PTAB Denies Motion to Withdraw as IPR Counsel, <i>PTAB Litgation Blog</i>

PTAB Denies Motion to Withdraw as IPR Counsel, PTAB Litgation Blog

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In an order entered June 30, 2017, the PTAB denied a motion by counsel for patent owner Purple Leaf, LLC ("Counsel") to withdraw from representation in a trio of IPRs (IPR2016-01720, IPR2016-01721, and IPR2016-01722). Counsel initially sought leave to file a motion to withdraw a mere week ahead of the due date for the patent owner response. The PTAB authorized filing the motion in an order that also extended the deadline for the patent owner response by a month. Counsel’s formal motion cited 37 C.F.R. 11.16(b)(1) and (4)–(7) as reasons for withdrawal, which includes a client insisting on action "the practitioner considers repugnant or with which the practitioner has a fundamental disagreement," and failing “substantially to fulfill an obligation to the practitioner.” The motion to withdraw also requested a further one-month extension on the filing deadline beyond the extra month initially granted.

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