UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`COSTCO WHOLESALE CORPORATION,
`
`Petitioner,
`
`v.
`
`ROBERT BOSCH LLC,
`
`Patent Owner.
`
`____________________
`
`CASE NO. IPR2016-00036
`
`U.S. Patent No. 6,944,905
`
`____________________
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR WITHDRAWAL AND
`
`SUBSTITUTION OF COUNSEL
`
`
`
`
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`COSTCO WHOLESALE CORPORATION,
`
`Petitioner,
`
`v.
`
`ROBERT BOSCH LLC,
`
`Patent Owner.
`
`____________________
`
`CASE NO. IPR2016-00036
`
`U.S. Patent No. 6,944,905
`
`____________________
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR WITHDRAWAL AND
`
`SUBSTITUTION OF COUNSEL
`
`
`
`
`
`
`
`
`I.
`
`PRECISE RELIEF REQUESTED
`
` Case No. IPR2016-00036
`U.S. Patent No. 6,944,905
`
`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that the
`
`Board authorize withdrawal of its current lead counsel, Enrique W. Iturralde (Reg.
`
`No. 72,883).
`
`Patent Owner further requests that the Board authorize Patrick R. Colsher (Reg.
`
`No. 74,955) to appear as lead counsel for Patent Owner in this proceeding.
`
`
`II.
`
`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF
`COUNSEL
`
`On October 30, 2015, Patent Owner filed a Power of Attorney designating the
`
`practitioners associated with Customer No. 26626 (Kenyon & Kenyon LLP),
`
`including Eric Schreiber (Reg. No. 58,771), and Mark Hannemann as its counsel in
`
`this proceeding. (Paper No. 4.) Patent Owner simultaneously filed its mandatory
`
`disclosures, naming Mr. Schreiber as its lead counsel and Mr. Hannemann as its
`
`back-up counsel, subject to the Board admitting Mr. Hannemann pro hac vice.
`
`(Paper No. 5.) On November 30, 2015, Patent Owner filed updated mandatory
`
`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
`
`back-up counsel. (Paper No. 9.)
`
`
`
`2
`
`
`
`
`
`
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`On January 5, 2016, Patent Owner filed an unopposed motion to withdraw
`
` Case No. IPR2016-00036
`U.S. Patent No. 6,944,905
`
`and substitute counsel, revoked its Power of Attorney to Kenyon & Kenyon
`
`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
`
`No. 12.)
`
`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
`
`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
`
`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
`
`
`
`3
`
`
`
`
`
` Case No. IPR2016-00036
`U.S. Patent No. 6,944,905
`
`
`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. PETITIONER DOES NOT OPPOSE THIS MOTION
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`Petitioner has indicated that it does not oppose the requested withdrawal and
`
`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)
`
`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.
`
`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.
`
`Respectfully submitted,
`
`
`
` /Enrique W. Iturralde/
`Enrique W. Iturralde
`Reg. No. 72,883
`Shearman & Sterling LLP
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7707
`
`
`
`
`
`
`
`
`
`
`
`4
`
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`DATED: May 31, 2016
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`
`
`
`
`
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`Lead Practitioner for Patent Owner:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`Proposed New Lead Counsel for Patent Owner:
`
` Case No. IPR2016-00036
`U.S. Patent No. 6,944,905
`
`
`
`
`
`
` /Patrick R. Colsher/
`Patrick R. Colsher
`Reg. No. 74,955
`Shearman & Sterling LLP
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7708
`
`
`
`
`5
`
`
`
`
`
`
`
`Case No. IPR2016-00036
`U.S. Patent No. 6,944,905
`
`The Certificate of Service
`
`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:
`
`
`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)
`
`
`
`
`
` /Enrique W. Iturralde/
`Enrique W. Iturralde
`Reg. No. 72,883
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7707
`
`Agent for Patent Owner
`Robert Bosch LLC
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