`U.S. Patent No. 6,057,221
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`Paper No. 17
`
` Filed December 4, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`MICRON TECHNOLOGY, INC., AND MICRON MEMORY JAPAN, INC.,
`Petitioners
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner
`____________________
`
`Case: IPR2015-01087
`U.S. Patent No. 6,057,221
`____________________
`
`PETITIONERS’ UNOPPOSED MOTION FOR
`WITHDRAWAL OF COUNSEL
`
`
`
`
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`
`
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`
`
`Paper No. 17
`
`
`Case No. IPR2015-01087
` Filed December 4, 2015
`
`U.S. Patent No. 6,057,221
`Petitioners respectfully request the withdrawal of Lead Counsel David J.
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`Cooperberg and Back-Up Counsel Thomas R. Makin. Mr. Cooperberg and Mr.
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`Makin are no longer practicing with Kenyon & Kenyon LLP. Petitioners have
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`identified Michael S. Turner (Reg. No. 60,314) as Lead Counsel, and Rose
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`Cordero Prey, previously admitted pro hac vice, continues to be identified as
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`Back-Up Counsel.
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`I.
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`PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10, Petitioners respectfully request that the Board
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`authorize withdrawal of lead counsel David J. Cooperberg (Reg. No. 63,250), and
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`backup counsel Thomas R. Makin (admitted pro hac vice).
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`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`On May 4, 2015, Petitioners filed a Power of Attorney designating the
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`attorneys associated with Customer No. 26626 (Kenyon & Kenyon LLP) as its
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`counsel in this proceeding. (Paper No. 1.) Petitioners simultaneously provided its
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`mandatory disclosures, naming Mr. Cooperberg as its lead counsel and Mr. Makin
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`and Ms. Prey, as its backup counsel. (Paper No. 2.)
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`Mr. Cooperberg and Mr. Makin are no longer practitioners associated with
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`Customer No. 26646. Petitioners therefore respectfully submit that good cause
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`exists for their withdrawal as counsel for Petitioners in this proceeding.
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`Petitioners designate Mr. Turner as its new lead counsel. Mr. Turner is a
`1
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`Paper No. 17
`
`
`Case No. IPR2015-01087
` Filed December 4, 2015
`
`U.S. Patent No. 6,057,221
`registered practitioner associated with Customer No. 26646. Ms. Prey continues as
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`backup counsel for Petitioners. Petitioners’ counsel therefore meet the
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`requirements of 37 C.F.R. § 42.10.
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`In identifying and designating new lead counsel, and in having Ms. Prey
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`continue as backup counsel, reasonable steps have been taken to avoid foreseeable
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`prejudice to the rights of the client. See 37 C.F.R. § 10.40(a). Further, Petitioners
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`believe that granting this motion will not hinder the economy, the integrity of the
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`patent system, the efficient administration of the Office, or the ability of the Office
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`to timely complete this proceeding. See 35 U.S.C. § 316(b).
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`III. PATENT OWNER DOES NOT OPPOSE THIS MOTION
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`Patent Owner has indicated that it does not oppose the requested withdrawal
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`and substitution of counsel for Petitioners.
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`IV. CONCLUSION
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`Petitioners respectfully request that the Board grant this motion to authorize
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`withdrawal of Mr. Cooperberg as lead counsel and of Mr. Makin as backup
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`counsel.
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`2
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`Paper No. 17
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`
` Filed December 4, 2015
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`Respectfully submitted,
`
`/David J. Cooperberg/
`David J. Cooperberg
`Reg. No. 63,250
`Withdrawing Lead Counsel for Petitioner
`
`/Michael S. Turner/
`Michael S. Turner
`Reg. No. 60,314
`Lead Counsel for Petitioner
`
`
`Case No. IPR2015-01087
`U.S. Patent No. 6,057,221
`Date: December 4, 2015
`
`Michael S. Turner
`Rose Cordero Prey
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Telephone: 212.425.7200
`Facsimile: 212.425.5288
`
`
`
`
`3
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`
`
`Case No. IPR2015-01087
`U.S. Patent No. 6,057,221
`
`
`
`Certificate of Service
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`The undersigned hereby confirms that the foregoing PETITIONERS’
`
`Paper No. 17
`
` Filed December 4, 2015
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`
`
`UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL, was served on
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`Counsel for Patent Owner via e-mail as follows:
`
`Steven J. Pollinger
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`T: (512) 692-8702
`F: (512) 692-8744
`spollinger@mckoolsmith.com
`
`Ramzi R. Khazen
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`T: (512) 692-8743
`F: (512) 692-8744
`rkhazen@mckoolsmith.com
`
`01311-00004_IPR221@mckoolsmith.com
`
`/Michael S. Turner/
`Michael S. Turner
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`
`4
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`
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`
`
`Dated: December 4, 2015
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