`U.S. Patent No. 6,973,698
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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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`COSTCO WHOLESALE CORPORATION,
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`Petitioner
`v.
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`ROBERT BOSCH LLC,
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`Patent Owner
`____________________
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
`____________________
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`PATENT OWNER’S UNOPPOSED MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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`I.
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`PRECISE 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, Kenyon & Kenyon LLP (Customer
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`No. 26646), including its designated lead counsel, Eric Schreiber (Reg. No. 58,771).
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`Patent Owner further requests that the Board authorize registered practitioner
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`Enrique Iturralde (Reg. No. 72,883) of Shearman & Sterling LLP to appear as lead
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`counsel for Patent Owner in this proceeding.
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`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`On October 30, 2015, Patent Owner filed a Power of Attorney designating the
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`practitioners associated with Customer No. 26626 (Kenyon & Kenyon LLP),
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`including Eric Schreiber (Reg. No. 58,771), and Mark Hannemann as its counsel in
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`this proceeding. (Paper No. 4.)
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`Patent Owner simultaneously filed its mandatory disclosures, naming Mr.
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`Schreiber as its lead counsel and Mr. Hannemann as its backup counsel, subject to the
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`Board admitting Mr. Hannemann pro hac vice. (Paper No. 5.) On November 30,
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`2015, Patent Owner filed updated mandatory disclosures to note Mr. Hannemann’s
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`changed law firm affiliation from Kenyon & Kenyon LLP to Shearman & Sterling
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`LLP. (Paper No. 8.) On January 4, 2016, the Board admitted Mr. Hannemann pro
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`hac vice and authorized him to appear as back-up counsel. (Paper No. 9.)
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`As set forth in Patent Owner’s Updated Power of Attorney, filed concurrently
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`1
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
`with this motion, Patent Owner has revoked its Power of Attorney to Kenyon &
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`Kenyon LLP/Mr. Schreiber in this proceeding, and appointed practitioner Enrique
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`Iturralde (Reg. No. 72,883) of Shearman & Sterling LLP as its lead counsel and Mr.
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`Hannemann as its back-up counsel. Therefore, Patent Owner respectfully submits that
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`good cause exists for the withdrawal of Kenyon & Kenyon LLP as counsel, and Mr.
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`Schreiber as lead counsel, in this proceeding.
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`Patent Owner further requests that Mr. Iturralde, a registered practitioner, be
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`designated as its new lead counsel. Mr. Hannemann, with whom Mr. Iturralde works
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`at Shearman & Sterling LLP, will continue as back-up counsel for Patent Owner. In
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`designating the client’s chosen registered practitioner as new lead counsel, and in
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`keeping Mr. Hannemann as back-up counsel, reasonable steps have been taken to
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`avoid foreseeable prejudice to the rights of the client. See 37 C.F.R. § 10.40(a).
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`Further, Patent Owner believes that granting this motion will not hinder the economy,
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`the integrity of the patent system, the efficient administration of the Office, or the
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`ability of the Office to timely complete this proceeding. See 35 U.S.C. § 316(b).
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`III. PETITIONER DOES NOT OPPOSE THIS MOTION
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`Petitioner has indicated that it does not oppose the requested withdrawal and
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`substitution of counsel for Patent Owner.
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`IV. CONCLUSION
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`Patent Owner respectfully requests that the Board grant this motion and (i)
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`2
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
`authorize withdrawal of Kenyon & Kenyon LLP as counsel, and Eric Schreiber (Reg.
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`
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`No. 58,771) as lead counsel, for Patent Owner in this proceeding, and (ii) authorize
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`Enrique Iturralde (Reg. No. 72,883) to appear as lead counsel for Patent Owner in
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`this proceeding. Upon grant of this motion, Patent Owner’s new lead counsel will
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`promptly file updated mandatory disclosures.
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`Date: January 5, 2016
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`Lead Counsel for Patent Owner:
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`Proposed New Lead Counsel
`for Patent Owner
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`Respectfully submitted,
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`___/Eric T. Schreiber/______
`Eric T. Schreiber
`Registration No. 58,771
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`___/Enrique Iturralde/______
`Enrique Iturralde
`Registration No. 72,883
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`3
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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`Certificate of Service
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`The undersigned hereby certifies that the foregoing PATENT OWNER’S
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`UNOPPOSED MOTION FOR WITHDRAWAL AND SUBSTITUTION OF
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`COUNSEL was served via e-mail on January 5, 2016, in its entirety on the
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`Richard M. Koehl (richard.koehl@hugheshubbard.com)
`James R. Klaiber (james.klaiber@hugheshubbard.com)
`David E. Lansky (david.lansky@ hugheshubbard.com)
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`
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`/Eric T. Schreiber/
`Eric T. Schreiber
`Reg. No. 58,771
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
` Tel: (212) 425-7200
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` Counsel for Patent Owner
` Robert Bosch LLC
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`following:
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`4
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