`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC. and E-WATCH CORPORATION
`Patent Owner.
`
`_____________________
`
`Case IPR2015-00414
`Patent 7,643,168
`_____________________
`
`PETITIONER APPLE, INC.’S UNOPPOSED MOTION FOR COUNSEL TO
`WITHDRAW AND PERMIT SUBSTITUTION OF COUNSEL
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(e) and as authorized by the Board in the Order
`
`of March 5, 2015 (Paper 6), Petitioner Apple, Inc. (“Apple) respectfully requests
`
`that the Patent Trial and Appeal Board authorize withdrawal of its current lead and
`
`local counsel—Blaney Harper, Douglas Pearson, David Cochran, and Joseph
`
`Sauer—and substitute in Brian Buroker (lead counsel) and Blair Silver (back-up
`
`counsel). The undersigned lead counsel for Petitioner has conferred with Patent
`
`Owner’s counsel, who has stated that Patent Owner will not oppose the present
`
`motion. This Motion is being filed pursuant to the Board’s instructions articulated
`
`during the conference call held March 5, 2015 between the Board, counsel for
`
`Petitioner and counsel for Patent Owner.
`
`II.
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF COUNSEL
`
`On December 11, 2014, Apple appointed Blaney Harper as lead counsel and
`
`Douglas Pearson, David Cochran, Joseph Sauer as backup counsel in the above-
`
`captioned inter partes review. Apple wishes for new counsel, Brian Buroker (Reg.
`
`No. 39,125) and Blair Silver (Reg. No. 68,003) to be designated as lead and back-
`
`up counsel, respectively, representing Apple going forward in this proceeding.
`
`Apple’s new counsel meet the requirements of 37 C.F.R. § 42.10(c) as registered
`
`practitioners.
`
`1
`
`
`
`
`
`In anticipation of the Board’s granting of this Motion per the conference call
`
`of March 5, 2015, and as a convenience to the Board and to the Parties, a
`
`Substitute Power of Attorney and Updated Mandatory Notices for Petitioner’s new
`
`counsel are being submitted concurrently with this Motion. Petitioner confirms
`
`that there will be no changes to the schedule based on the change in counsel.
`
`III. REASONS FOR RELIEF REQUESTED
`“Counsel may not withdraw from a proceeding before the Board unless the
`
`Board authorizes such withdrawal.” 37 C.F.R. § 42.10(e). Given Apple’s change
`
`in desired counsel and the early stage in the proceeding, it is appropriate to
`
`withdraw Blaney Harper, Douglas Pearson, David Cochran, and Joseph Sauer as
`
`counsel and allow Mr. Buroker and Mr. Silver to represent Apple. The
`
`administrative requirements for a motion to withdraw are being satisfied by the
`
`accompanying Substitute Power of Attorney and Updated Mandatory Notices.
`
`
`
`(continued on next page)
`
`
`
`
`
`2
`
`
`
`
`
`
`IV. CONCLUSION
`Petitioner Apple respectfully requests that the Board grant its motion to
`
`authorize the withdrawal of Apple’s counsel and permit substitution of Mr.
`
`Buroker and Mr. Silver as lead and back-up counsel, respectively.
`
`
`
`DATED: March 16, 2015
`
`
`
`
`
`Respectfully submitted,
`
`
`
`By: /Douglas H. Pearson/
`
`Blaney Harper, Reg. No. 33,897
`Douglas H. Pearson, Reg. No. 47,851
`Jones Day
`51 Louisiana Ave, N.W. Washington, D.C.
`20001
`(202) 879-3939
`
`David B. Cochran, Reg. No. 39,142
`Joseph Sauer, Reg. No. 47,919
`Jones Day
`North Point, 901 Lakeside Avenue
`Cleveland, Ohio 44114
`(216) 586-3939
`
`Attorneys for Petitioner Apple, Inc.
`
`3
`
`
`
`
`
`
`
`CERFITICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Motion for Counsel to Withdraw and Permit Substitution of Counsel by
`
`electronic mail on March 16, 2015 on the counsel of record of the Patent Owner:
`
`Robert C. Curfiss, bob@curfiss.com
`
`David Simmons, dsimmons1@sbcglobal.net
`
`
`
`DATED: March 16, 2015
`
`
`
`Respectfully submitted,
`
`By: /Douglas H. Pearson/
`Douglas H. Pearson, Reg. No. 47,851
`Jones Day
`51 Louisiana Ave, N.W. Washington, D.C. 20001
`(202) 879-3939
`
`Attorney for Petitioner Apple, Inc.
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
