`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`INTEL CORPORATION, WISTRON CORPORATION, DELL INC., and
`CAVIUM, LLC,
`
`Petitioner,
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-014061
`Patent 7,673,072
`
`
`PETITIONER CAVIUM LLC’S UNOPPOSED MOTION FOR
`WITHDRAWAL OF COUNSEL
`
`
`
`
`
`1 Cavium, LLC, which filed a Petition in Case IPR2017-01707, Wistron Corp.,
`
`which filed a Petition in Case IPR2018-00329, and Dell, Inc., which filed a
`
`Petition in Case IPR2018-00375, have been joined as petitioners in this
`
`proceeding.
`
`
`
`I.
`
`37 C.F.R. §42.10 – STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10, Petitioner Cavium, LLC (Cavium) respectfully
`
`requests that the Board authorize withdrawal of Patrick D. McPherson of Duane
`
`Morris LLP as its backup counsel.
`
`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`
`On September 17, 2018, David Xue and Karineh Khachatourian, current
`
`backup counsel for Petitioner Cavium left the law firm of Duane Morris LLP and
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`joined the law firm of Rimôn Law.
`
`On September 24, 2018, Petitioner sent an email to the Board requesting
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`permission to file an Unopposed Motion for Withdrawal of Patrick McPherson as
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`backup counsel for Petitioner Cavium.
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`On October 9, 2018, the Board notified Petitioner via email that it was
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`authorized to file the instant motion.
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`For good cause, Petitioner requests that the backup counsel, Patrick
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`McPherson, be deemed withdrawn from the present proceeding. Current backup
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`counsel, David Xue and Karineh Khachatourian will continue to represent
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`Petitioner Cavium in this proceeding.
`
`Because Petitioner Cavium will continue to be represented by its current
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`backup counsel, David Xue and Karineh Khachatourian, reasonable steps have
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`been taken to “avoid foreseeable prejudice to the rights of the client, including
`
`
`
`
`2
`
`
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`giving due notice to his or her client, [and] allowing time for employment of
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`another practitioner.” See 37 C.F.R. § 10.40(a). Further, because Cavium is serving
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`in an understudy role to Petitioner Intel Corporation, granting this motion will not
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`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). Petitioner Cavium verifies that no extensions of time will be
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`sought based on withdrawal of Mr. McPherson.
`
`III. PATENT OWNER DOES NOT OBJECT TO THE SUBSTITUTION
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`Patent Owner and Petitioner Intel has indicated that they do not oppose the
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`requested withdrawal of counsel.
`
`IV. CONCLUSION
`
`Petitioner respectfully requests that the Board grant its motion to authorize
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`withdrawal of counsel by Cavium. Upon grant of this motion, Petitioner will
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`promptly file an Updated Mandatory Notice Under 37 C.F.R. §§ 42.8(a)(3).
`
`
`
`
`
`
`
`
`3
`
`
`
`Date: October 10, 2018
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Garland T. Stephens
`Garland T. Stephens, Reg. No. 37,242
`Melissa L. Hotze, Reg. No. 55,279
`Justin L. Constant, Reg. No. 66,883
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Tel: (713) 546-5000
`Fax: (713) 224-9511
`garland.stephens@weil.com
`melissa.hotze@weil.com
`justin.constant@weil.com
`
`Anne M. Cappella, Reg. No. 43,217
`Adrian Percer, Reg. No. 46,986
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`
`
`William S. Ansley, Reg. No. 67,828
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W, Suite 600
`Washington, DC 20036
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`sutton.ansley@weil.com
`
`Attorneys for Petitioner Intel Corporation
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.105, I hereby certify that I caused a true and
`
`correct copy of Petitioner Cavium, LLC’s Unopposed Motion For Withdrawal of
`
`Counsel, via email to the following:
`
`Jim Glass
`jimglass@quinnemanuel.com
`alacritech-ipr-team@quinnemanuel.com
`
`Joseph Paunovich
`joepaunovich@quinnemanuel.com
`
`Brian Mack
`brianmack@quinnemanuel.com
`
`Mark Lauer
`mark@siliconedgelaw.com
`
`Dated: October 10, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Garland T. Stephens
`Garland T. Stephens
`Reg. No. 37,242
`
`5
`
`
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