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IPR2015-01117
`
`
`
`Patent 8,642,012
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`
`
`PAR PHARMACEUTICAL, INC.
`Petitioner
`v.
`HYPERION THERAPEUTICS, INC.
`Patent Owner
`
`_________________________
`
`
`Case IPR2015-01117 (Patent 8,642,012)
`
`_________________________
`
`
`PETITIONER PAR PHARMACEUTICAL, INC.’S
`MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`
`
`

`
`IPR2015-01117
`
`
`
`Patent 8,642,012
`
`
`I.
`
`37 C.F.R. § 42.10 – STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10, Petitioner respectfully requests that the Board
`
`authorize the withdrawal of Michael J. Freno and Sanjay K. Murthy of K&L Gates
`
`LLP as its counsel; and authorize the designation of David H. Silverstein of Axinn,
`
`Veltrop & Harkrider LLP as lead counsel, and Aziz Burgy of Axinn, Veltrop &
`
`Harkrider LLP as backup counsel in this matter.
`
`
`II.
`
`STATEMENT OF FACTS SUPPORTING WITHDRAWAL AND
`SUBSTITUTION OF COUNSEL
`On April 29, 2015, Petitioner submitted its Petition for Inter Partes Review
`
`for U.S. PATENT NO. 8,642,012, designating Michael J. Freno as lead counsel,
`
`Sanjay K. Murthy and David H. Silverstein as backup counsel in the above-
`
`captioned inter partes review under 37 C.F.R. § 42.8(b)(3). (Paper 2.) On January
`
`12, 2016, Petitioner sought permission to file the instant motion, and received
`
`permission to file from the Board on January 13.
`
`Petitioner requests that the current designated lead counsel Michael J. Freno
`
`and backup counsel Sanjay K. Murthy be deemed withdrawn from the present
`
`proceeding, and substitute David H. Silverstein as new lead counsel and Aziz
`
`Burgy as new backup counsel (“Substitute Counsel”) in this proceeding. No
`
`prejudice would result from granting the motion.
`
`Patent Owner has been notified, and has indicated that it does not oppose the
`
`requested withdrawal and substitution of counsel for Petitioner.
`
`

`
`IPR2015-01117
`
`
`
`Patent 8,642,012
`
` CONCLUSION
`III.
`Petitioner respectfully requests that the Board grant its motion to authorize
`
`withdrawal of counsel and permit substitution of counsel. Upon grant of this
`
`motion, new counsel for Petitioner will promptly file Amended Petitioner’s
`
`Mandatory Notices and Power of Attorney in accordance with 37 C.F.R. §§ 42.8
`
`and 42.10.
`
`
`
`Respectfully submitted,
`
`By: /Michael J. Freno/
`Michael J. Freno
`Reg. No. 57,163
`Customer No. 24573
`Date: January 13, 2016
`michael.freno@klgates.com
`206.370.7947 (phone)
`206.623.7022 (fax)
`K&L Gates LLP
`925 Fourth Avenue, Suite 2900
`Seattle, WA 98104
`
`

`
`IPR2015-01117
`
`
`
`Patent 8,642,012
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing PETITIONER PAR
`PHARMACEUTICAL, INC.’S MOTION TO WITHDRAW AND SUBSTITUTE
`COUNSEL is being served on January 13, 2016 via email on the following
`counsel:
`
`Lauren Stevens: lstevens@globalpatentgroup.com
`Matthew C. Phillips: matthew.phillips@renaissanceiplaw.com
`Dennis Bennett: dennisbennett@globalpatentgroup.com
`
`Robert Green: rgreen@greengriffith.com
`Emer Simic: esimic@greengriffith.com
`Jessica Tyrus: jtyrus@greengriffith.com
`
`
`
`
`
`
`
`
`/Michael J. Freno/
`Michael J. Freno
`Reg. No. 57,163

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