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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`AGILA SPECIALTIES INC. and MYLAN LABORATORIES LIMITED,
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`Petitioners
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`
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`v.
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`
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`CEPHALON, INC.,
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`Patent Owner
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`
`
`Case: IPR2016-00026
`Patent No. 8,791,270
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`
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`PATENT OWNER’S MOTION FOR WITHDRAWAL
`AND SUBSTITUTION OF LEAD AND BACK-UP COUNSEL
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`IPR2016-00026
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`
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`Patent Owner’s Motion for Withdrawal
`and Substitution of Counsel
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`
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`I.
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`37 C.F.R. § 42.10 – STATEMENT OF RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that the
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`Board authorize withdrawal of its current counsel, Eleanor M. Yost and Ira J.
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`Levy of Goodwin Procter LLP.
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`II.
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`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWL AND SUBSTITUTION OF COUNSEL
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`Patent Owner requests that its current counsel be deemed withdrawn from
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`the present proceeding, and new counsel, Soumitra (Sam) Deka and Aaron Stiefel
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`of Kaye Scholer (“Kaye Scholer”), be designated lead and back-up counsel,
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`respectively, to represent Patent Owner in this proceeding.
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`Patent Owner’s new counsel meet the requirements of 37 C.F.R. § 42.10(c)
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`as lead counsel and registered practitioners. In identifying and designating new
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`counsel who are ready and able to take over the representation, reasonable steps
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`have been taken to “avoid foreseeable prejudice to the rights of the client,
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`including giving due notice to his or her client, [and] allowing time for
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`employment of another practitioner.” See 37 C.F.R. § 10.40(a). Further, Patent
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`Owner believes that granting this motion will not hinder the economy, the integrity
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`of the patent system, the efficient administration of the Office, or the ability of the
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`Office to timely complete this proceeding. See 35 U.S.C. § 316(b). A Substitute
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`Power of Attorney for Patent Owner’s new counsel accompanies this motion.
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`Patent Owner’s Motion for Withdrawal
`and Substitution of Counsel
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` PETITIONERS DO NOT OBJECT TO THIS SUBSTITUTION III.
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`IPR2016-00026
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`Petitioners have indicated that they do not oppose the requested withdrawal
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`and substitution of counsel for Patent Owner.
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` CONCLUSION IV.
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`Patent Owner respectfully requests that the Board grant its motion to
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`authorize withdrawal of counsel and permit substitution of counsel. Upon grant of
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`this motion, new counsel for Patent Owner will promptly file Patent Owner’s
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`Amended Mandatory Notices.
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`
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`2
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`IPR2016-00026
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`Patent Owner’s Motion for Withdrawal
`and Substitution of Counsel
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`
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`Respectfully submitted,
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`
`
`/Eleanor M. Yost/
`Eleanor M. Yost (Reg. No. 58,013)
`GOODWIN PROCTER LLP
`901 New York Avenue NW
`Washington, D.C. 20001
`Tel: 202-346-4000
`eyost@goodwinprocter.com
`
`Attorneys for Patent Owner
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`
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`3
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`Date: December 10, 2015
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`IPR2016-00026
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`
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`Patent Owner’s Motion for Withdrawal
`and Substitution of Counsel
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`
`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 10th day of
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`December, 2015, Patent Owner’s Motion for Withdrawal and Substitution of
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`Counsel and Power of Attorney was served by email on the following counsel of
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`record for the Petitioners:
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`Steven W. Parmelee
`sparmelee@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI
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`Michael T. Rosato
`mrosato@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI
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`Nicole Stafford
`nstafford@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI
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`Dated: December 10, 2015
`
` /Eleanor M. Yost/
` Eleanor M. Yost
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