`
` Date Filed: October 29, 2015
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`
`
`
`
`Filed On behalf of:
`
`INO Therapeutics LLC
`
`By:
`
`Dominick A. Conde
`dconde@fchs.com
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`Praxair Distribution, Inc.
`Petitioner,
`v.
`INO Therapeutics LLC
`Patent Owner.
`________________
`
`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`________________
`
`
`
`PATENT OWNER INO THERAPEUTICS LLC’S MOTION FOR
`COUNSEL TO WITHDRAW AND PERMIT
`SUBSTITUTION OF NEW COUNSEL
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`
`
`
`I.
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10, and as authorized by the Board on October 28,
`
`2015, Patent Owner INO Therapeutics LLC’s (“INOT”) respectfully requests that
`
`the Patent Trial and Appeal Board (“the Board”) authorize withdrawal of its current
`
`counsel, Dominick A. Conde, Raymond R. Mandra, and William E. Solander, and
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`authorize substitution of new counsel Robert Steinberg and Daniel Brown.
`
`II.
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF COUNSEL
`
`Dominick A. Conde, Raymond R. Mandra, and William E. Solander were
`
`appointed by INOT as its attorneys for the above-captioned inter partes review.
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`Patent Owner INOT now requests that current designated counsel be allowed to
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`withdraw from the present proceeding, and that new counsel listed below be
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`substituted to represent INOT in this proceeding.
`
`Lead Counsel
`
`Back-Up Counsel
`
`Robert Steinberg (Reg. No. 33,144)
`
`Daniel Brown (Reg. No. 54,005)
`
`bob.steinberg@lw.com
`
`daniel.brown @lw.com
`
`Postal & Hand-Delivery Address:
`
`Postal and Hand-Delivery Address:
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`Latham & Watkins LLP
`
`Latham & Watkins LLP
`
`355 South Grand Avenue
`
`885 Third Avenue
`
`Los Angeles, CA 90071-1560
`
`New York, NY 10022
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`-1-
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`
`
`
`
`
`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`
`
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`Telephone: (213) 891-8989
`
`Telephone: (212) 906-1742
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`Fax: (913) 777-5601
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`Fax: (212) 751-4864
`
`Counsel for INO Therapeutics LLC
`
`Counsel for INO Therapeutics LLC
`
`Mr. Steinberg and Mr. Brown meet the requirements of 37 C.F.R. § 42.10 as
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`
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`lead and back-up counsel and are both registered practitioners. In addition, Mr.
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`Steinberg and Mr. Brown have read and intend to comply with the Office Patent
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`Trial Practice Guide and the Board's Rules of Practice for Trials, as set forth in Part
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`42 of the C.F.R.
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`
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`As required by 37 C.F.R. §42.10(b), an executed Power of Attorney is filed
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`concurrently as Exhibit 2019. Upon grant of this Motion, Patent Owner will
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`promptly file an Updated Mandatory Notice under 37 C.F.R § 42.8(b)(3) and (b)(4)
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`identifying the new counsel.
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`Counsel for Petitioner was consulted and has no objections to appointment of
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`Mr. Steinberg and Mr. Brown as new lead and back-up counsel, respectively.
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`
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`III. CONCLUSION
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`Accordingly, Patent Owner INO Therapeutics LLC respectfully requests that
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`the Board grant its motion to authorize withdrawal of counsel.
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`
`
`-2-
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`
`
`
`
`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`
`October 29, 2015
`
`Respectfully submitted,
`
`
`
`
` /Dominick A. Conde/
`Dominick A. Conde (Reg. No. 33,856)
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`Tel: (212) 218-2100
`
`Attorneys for Patent Owner,
`INO Therapeutics LLC
`
`Back-up Counsel:
`Raymond R. Mandra (Reg. No. 34,382)
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`William E. Solander (pending pro hac
`vice admission)
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`
`-3-
`
`
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`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`I certify that a copy of the Patent Owner INO Therapeutics LLC's Motion
`
`
`
`for Counsel to Withdraw and Permit Substitution of New Counsel was served on
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`October 29, 2015 by causing it to be sent by email to counsel for Petitioner at the
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`following email addresses:
`
`sanjay.murthy@klgates.com
`
`sara.kerrane@klgates.com
`
`michael.abernathy@klgates.com
`
`margaux.nair@klgates.com
`
`maria.doukas@klgates.com
`
`
` October 29, 2015
`
`Respectfully submitted,
`
`
`
` /Dominick A. Conde/
`Dominick A. Conde
`(Reg. No. 33,856)
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`-1-
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