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` Date Filed: October 29, 2015
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`Filed On behalf of:
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`INO Therapeutics LLC
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`By:
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`Dominick A. Conde
`dconde@fchs.com
`(212) 218-2100
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`Praxair Distribution, Inc.
`Petitioner,
`v.
`INO Therapeutics LLC
`Patent Owner.
`________________
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
`________________
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`PATENT OWNER INO THERAPEUTICS LLC’S MOTION FOR
`COUNSEL TO WITHDRAW AND PERMIT
`SUBSTITUTION OF NEW COUNSEL
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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`I.
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`STATEMENT OF PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10, and as authorized by the Board on October 28,
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`2015, Patent Owner INO Therapeutics LLC’s (“INOT”) respectfully requests that
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`the Patent Trial and Appeal Board (“the Board”) authorize withdrawal of its current
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`counsel, Dominick A. Conde, Edmund J. Haughey, and William E. Solander and
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`authorize substitution of new counsel Robert Steinberg and Daniel Brown.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF COUNSEL
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`Dominick A. Conde, Edmund J. Haughey, and William E. Solander were
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`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.
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`Lead Counsel
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`Back-Up Counsel
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`Robert Steinberg (Reg. No. 33,144)
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`Daniel Brown (Reg. No. 54,005)
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`bob.steinberg@lw.com
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`daniel.brown @lw.com
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`Postal & Hand-Delivery Address:
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`Postal and Hand-Delivery Address:
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`Latham & Watkins LLP
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`Latham & Watkins LLP
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`355 South Grand Avenue
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`885 Third Avenue
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`Los Angeles, CA 90071-1560
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`New York, NY 10022
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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`Telephone: (213) 891-8989
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`Telephone: (212) 906-1742
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`Fax: (913) 777-5601
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`Fax: (212) 751-4864
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`Counsel for INO Therapeutics LLC
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`Counsel for INO Therapeutics LLC
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`Mr. Steinberg and Mr. Brown meet the requirements of 37 C.F.R. § 42.10 as
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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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`No extensions of time are sought with this Motion and granting this Motion
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`will not cause delay in the proceeding or any prejudice to Petitioner.
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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 2003. 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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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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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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`October 29, 2015
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`Respectfully submitted,
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` /Dominick A. Conde/
`Dominick A. Conde (Reg. No. 33,856)
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: 212-218-2100
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`Attorneys for Patent Owner,
`INO Therapeutics LLC
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`Back-up Counsel:
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`Edmund J. Haughey (Reg. No. 44,749)
`FITZPATRICK, CELLA, HARPER &
`SCINTO
`975 F Street, N.W.
`Washington, D.C. 20004
`Tel: (202) 530-1010
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`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
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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`CERTIFICATE OF SERVICE
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`I certify that a copy of the Patent Owner INO Therapeutics LLC’s Motion
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`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:
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`Respectfully submitted,
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` /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
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`-1-
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`sanjay.murthy@klgates.com
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`sara.kerrane@klgates.com
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`michael.abernathy@klgates.com
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`margaux.nair@klgates.com
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`maria.doukas@klgates.com
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`October 29, 2015