`
`______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`INTELGENX CORP.
`Petitioner,
`
`
`
`v.
`
`
`
`ICOS CORP,
`Patent Owner.
`
`
`
`Case No. IPR2016-00678
`Patent 6,943,166
`
`
`
`PETITIONER’S MOTION TO WITHDRAW AS COUNSEL
` AND SUBSTITUTE NEW COUNSEL
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`
`37 C.F.R. §42.10 – STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(e), and the Board’s authorization provided via
`
`e-mail on April 26, 2016, counsel for IntelGenx Corp. (“Petitioner”), respectfully
`
`requests that the Board authorize withdrawal of its current counsel Deborah A.
`
`Sterling, David H. Holman, and Joshua McCoy of Sterne, Kessler, Goldstein &
`
`Fox P.L.L.C as its counsel, and appointment of Patrick A. Doody of Pillsbury
`
`Winthrop Shaw Pittman LLP as lead counsel and Bryan P. Collins of Pillsbury
`
`Winthrop Shaw Pittman LLP as backup counsel in this matter. Patent Owner does
`
`not oppose this motion.
`
`II.
`
`
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF COUNSEL
`Petitioner desires new counsel in the above-captioned inter partes review
`
`proceeding. Specifically, Petitioners intend to appoint:
`
`Lead Counsel
`
`Back-up Counsel
`
`Bryan P. Collins, Reg. No. 43,560
`Patrick A. Doody, Reg. No. 35,022
`Pillsbury Winthrop Shaw Pittman LLP
`Pillsbury Winthrop Shaw Pittman LLP
`1650 Tysons Boulevard
`1650 Tysons Boulevard
`McLean, VA. 22102
`McLean, VA. 22102
`General Phone: (703) – 770-7900
`General Phone: (703) – 770-7900
`Direct Line: (703) – 770-7538
`Direct Line: (703) – 770-7755
`email: patrick.doody@pillsburylaw.com email: bryan.collins@pillsburylaw.com
`Fax: (703) – 770-7901
`Fax: (703) – 770-7901
`
`
`
`Petitioner’s lead and back-up new counsel in the proceeding meet the
`
`requirements of 37 C.F.R. § 42.10(c) and are registered practitioners. In addition,
`
`
`
`2
`
`
`
`Petitioner’s new counsel has read and intends to comply with the Office Patent
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`Trail Practice Guide and the Board’s Rules of Practice for Trials, as set forth in
`
`Part 42 of the Code of Federal Regulations.
`
`
`
`A Substitute Power of Attorney for Petitioner’s new counsel was submitted
`
`on April 27, 2016. In identifying and designating new counsel who are ready and
`
`able to take over the representation, reasonable steps have been taken to “avoid
`
`foreseeable prejudice to the rights of the client, including giving due notice to his
`
`or her client, [and] allowing time for employment of another practitioner.” See 37
`
`C.F.R. §10.40(a). In addition, a decision on whether to institute this inter partes
`
`review has not yet issued, and no extensions of time will be needed upon grant of
`
`this Motion. Petitioner therefore believes that granting this motion will not hinder
`
`the economy, the integrity of the patent system, the efficient administration of the
`
`Office, or the ability of the Office to timely complete this proceeding. See 35
`
`U.S.C. § 316(b).
`
`
`
`III. CONCLUSION
`
`Petitioner respectfully requests that the Board grant this motion to withdraw
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`counsel and substitute new counsel. Updated mandatory notices pursuant to 37
`
`C.F.R. § 42.8(b)(3) and (b)(4) will be filed upon grant of this motion.
`
`
`
`3
`
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`
`
`
`
`
` /Deborah A. Sterling/
`
`Deborah A. Sterling, Ph.D.
`Date: May 23, 2016
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3954 Attorney for Petitioner
`202-371-2600
`
`
`
`
`
`4
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the above-captioned PETITIONER’S
`
`MOTION TO WITHDRAW AS COUNSEL AND SUBSTITUTE NEW
`
`COUNSEL was served in its entirety on May 23, 2016, upon the following parties
`
`via email:
`
`Mark J. Feldstein
`Joshua L. Goldberg
`Yieyie Yang
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`mark.feldstein@finnegan.com
`joshua.goldberg@finnegan.com
`yieyie.yang@finnegan.com
`
`Mark J. Stewart
`Dan L. Wood
`Eli Lilly and Company
`Lilly Corporate Center
`Indianapolis, IN 46285
`stewart_mark@lilly.com
`wood_dan_l@lilly.com
`
`Patrick A. Doody
`Bryan P. Collins
`Pillsbury Winthrop Shaw Pittman LLP
`1650 Tysons Boulevard
`McLean, VA 22102
`patrick.doody@pillsburylaw.com
`bryan.collins@pillsburylaw.com
`
`
`
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`
`
`
`
`
`
`
` /Deborah A. Sterling/
`
`Deborah A. Sterling, Ph.D.
`Date: May 23, 2016
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3954 Attorney for Petitioner
`202-371-2600
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