`
`____________
`
`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 AND SUBSTITUTION OF LEAD 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 lead counsel, and substitution of David Xue, currently backup
`
`counsel, as lead 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 Cavium, left the law firm of Duane Morris LLP and joined the
`
`law firm of Rimôn Law.
`
`On September 24, 2018, Petitioner sent an email to the Board requesting
`
`permission to file an Unopposed Motion for Withdrawal and Substitution of Lead
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`Counsel.
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`On October 9, 2018, the Board notified Petitioner via email that it was
`
`authorized to file the instant motion.
`
`For good cause, Petitioner requests that the current designated lead counsel,
`
`Patrick McPherson, be deemed withdrawn from the present proceeding, and
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`current backup counsel, David Xue, be substituted as lead counsel to represent
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`Petitioner in this proceeding. Current backup counsel Karineh Khachatourian will
`
`continue to represent Petitioner in this proceeding.
`
`Substitute lead counsel meets the requirements of 37 C.F.R. § 42.10(c)
`
`
`
`
`2
`
`
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`as lead counsel and is a registered practitioner. Because substitute lead counsel has
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`been serving the Petitioner as backup counsel, reasonable steps have been taken to
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`“avoid foreseeable prejudice to the rights of the client, including giving due notice
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`to his or her client, [and] allowing time for employment of another practitioner.”
`
`See 37 C.F.R. § 10.40(a). Further, Petitioner believes that granting this motion will
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`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). Petitioner verifies that no extensions of time
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`will be sought based on substitution of lead counsel.
`
`III. PATENT OWNER DOES NOT OBJECT TO THE SUBSTITUTION
`
`Patent Owner has indicated it does not oppose the requested withdrawal and
`
`substitution of lead counsel for Petitioner.
`
`IV. CONCLUSION
`
`Petitioner respectfully requests that the Board grant its motion to authorize
`
`withdrawal of counsel and permit substitution of counsel. Upon grant of this
`
`motion, new lead counsel for Petitioner will promptly file an Updated Mandatory
`
`Notice Under 37 C.F.R. §§ 42.8(a)(3).
`
`
`
`
`
`
`
`
`3
`
`
`
`Date: October 31, 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
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`correct copy of Petitioner Cavium, LLC’s Unopposed Motion for Withdrawal and
`
`Substitution of Lead 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
`
`
`Dated: October 31, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Garland T. Stephens
`Garland T. Stephens
`Reg. No. 37,242
`
`5
`
`
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