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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`COSTCO WHOLESALE CORPORATION,
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`Petitioner,
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`v.
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`ROBERT BOSCH LLC,
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`Patent Owner.
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`____________________
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`CASE NO. IPR2016-00034
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`U.S. Patent No. 6,973,698
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`____________________
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`PATENT OWNER’S UNOPPOSED MOTION FOR WITHDRAWAL AND
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`SUBSTITUTION OF COUNSEL
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`I.
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`PRECISE RELIEF REQUESTED
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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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 lead counsel, Enrique W. Iturralde (Reg.
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`No. 72,883).
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`Patent Owner further requests that the Board authorize Patrick R. Colsher (Reg.
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`No. 74,955) to appear as lead counsel for Patent Owner in this proceeding.
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`II.
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`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.) Patent Owner simultaneously filed its mandatory
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`disclosures, naming Mr. Schreiber as its lead counsel and Mr. Hannemann as its
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`backup counsel, subject to the Board admitting Mr. Hannemann pro hac vice.
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`(Paper No. 5.) On November 30, 2015, Patent Owner filed updated mandatory
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`disclosures to note Mr. Hannemann’s changed law firm affiliation from Kenyon &
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`Kenyon LLP to Shearman & Sterling LLP. (Paper No. 8.) On January 4, 2016, the
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`Board admitted Mr. Hannemann pro hac vice and authorized him to appear as
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`back-up counsel. (Paper No. 9.)
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`2
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`On January 5, 2016, Patent Owner filed an unopposed motion to withdraw
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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`and substitute counsel, revoked its Power of Attorney to Kenyon & Kenyon
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`LLP/Mr. Schreiber in this proceeding, (Paper No. 10), and appointed practitioner
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`Enrique W. Iturralde (Reg. No. 72,883) of Shearman & Sterling LLP as its lead
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`counsel and Mr. Hannemann as its back-up counsel, (Paper No. 11). On January 8,
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`2016, the Board granted Patent Owner’s motion to withdraw and substitute. (Paper
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`No. 12.)
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`As set forth in its updated Power of Attorney, filed concurrently herewith,
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`Patent Owner has revoked its Power of Attorney to Mr. Iturralde in this
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`proceeding, and appointed Patrick R. Colsher (Reg. No. 74,955) of Shearman &
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`Sterling LLP as its lead counsel, and Mr. Hannemann as its back-up counsel.
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`Therefore, Patent Owner respectfully submits that good cause exists for the
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`withdrawal of Mr. Iturralde as lead counsel in this proceeding.
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`Patent Owner further requests that Mr. Colsher be designated as its new lead
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`counsel. Mr. Hannemann, with whom Mr. Colsher works at Shearman & Sterling
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`LLP, will continue as back-up counsel for Patent Owner. In designating the
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`client’s chosen counsel as new lead counsel, and in keeping Mr. Hannemann as
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`back-up counsel, reasonable steps have been taken to avoid foreseeable prejudice
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`to the rights of the client. See 37 C.F.R. § 10.40(a). Further, Patent Owner
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`believes that granting this motion will not hinder the economy, the integrity of the
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`3
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`patent system, the efficient administration of the Office, or the ability of the Office
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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`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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`authorize withdrawal of Enrique W. Iturralde (Reg. No. 72,883) as lead counsel for
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`Patent Owner in this proceeding, and (ii) authorize Patrick Colsher (Reg. No.
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`74,955) to appear as lead counsel for Patent Owner in this proceeding. Upon grant
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`of this motion, Patent Owner’s new lead counsel will promptly file updated
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`mandatory disclosures.
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`Respectfully submitted,
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` /Enrique W. Iturralde/
`Enrique W. Iturralde
`Reg. No. 72,883
`Shearman & Sterling LLP
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7707
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`DATED: May 31, 2016
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`Lead Practitioner for Patent Owner:
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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` /Patrick R. Colsher/
`Patrick R. Colsher
`Reg. No. 74,955
`Shearman & Sterling LLP
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7708
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`Proposed New Lead Counsel for Patent Owner:
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`5
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`Case No. IPR2016-00034
`U.S. Patent No. 6,973,698
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`The Certificate of Service
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`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`UNOPPOSED MOTION FOR WITHDRAWAL AND SUBSTITUTION OF
`COUNSEL was served via e-mail on May 31, 2016, in its entirety on the
`following:
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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)
`Stefanie Lopatkin (stefanie.lopatkin@hugheshubbard.com)
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` /Enrique W. Iturralde/
`Enrique W. Iturralde
`Reg. No. 72,883
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7707
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`Agent for Patent Owner
`Robert Bosch LLC