`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioners
`v.
`
`CYWEE GROUP LTD.
`(record) Patent Owner
`
`
`
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`
`
`
`HUAWEI PETITIONERS’ MOTION FOR WITHDRAWAL AND
`SUBSTITUTION OF LEAD AND BACKUP COUNSEL
`
`
`
`
`
`I.
`
`37 C.F.R. § 42.10 – STATEMENT OF RELIEF REQUESTED
`Pursuant to 37 C.F.R. 42.10, Petitioners Huawei Device USA, Inc., Huawei
`
`Device Co. Ltd., Huawei Technologies Co. Ltd., Huawei Device (Dongguan) Co.
`
`Ltd., Huawei Investment & Holding Co. Ltd., Huawei Tech. Investment Co. Ltd.,
`
`and Huawei Device (Hong Kong) Co. Ltd. (“Huawei Petitioners”) respectfully
`
`request that the Board authorize withdrawal of their current lead and backup
`
`counsel, Kristopher L. Reed, Benjamin M. Kleinman, and Norris P. Boothe, and
`
`appointment of Steven M. Geiszler (Reg. No. 51,725) of Futurewei as lead
`
`counsel, Mark J. Ziegelbein (Reg. No. 43,307) of Futurewei as first backup
`
`counsel, and Jie Cui (Reg. No. 79,389) of Futurewei as second backup counsel.
`
`II.
`
`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF LEAD AND
`BACKUP COUNSEL
`
`The Huawei Petitioners have elected to designate new lead and backup
`
`counsel in this proceeding, and current lead and backup counsel from Kilpatrick
`
`Townsend & Stockton LLP will no longer represent the Huawei Petitioners going
`
`forward. For good cause, the Huawei Petitioners request that current designated
`
`lead and backup counsel be deemed withdrawn from the present proceeding, and
`
`new lead and backup counsel listed above be substituted in and designated as lead
`
`and backup counsel.
`
`
`
`
`
`1
`
`
`
`
`
`The Huawei Petitioners agree to continue to be bound by the terms of the
`
`Protective Order entered in these proceedings (Paper 56, Attachment A), and that
`
`the new lead and backup counsel listed above shall sign and provide to all parties a
`
`signed copy of the Acknowledgment for Access to Protective Order Material (id. at
`
`6–7) before accessing any sealed materials in these proceedings. The Huawei
`
`Petitioners acknowledge that the new lead and backup counsel listed above shall be
`
`treated as in-house counsel of the Huawei Petitioners under paragraph 2(D) of the
`
`Protective Order and shall not have access to Patent Owner’s or the other
`
`Petitioners’ “HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL”
`
`under paragraph 3 of the Protective Order.
`
`Patent Owner and the other Petitioners have indicated that they do not
`
`oppose this motion.
`
`III. CONCLUSION
`
`The Huawei entities respectfully request that the Board grant their motion to
`
`authorize withdrawal of current lead and backup counsel and permit substitution of
`
`counsel. Upon grant of this motion, the Huawei entities will promptly file an
`
`Amended Patent Owner’s Mandatory Notice and a new Power of Attorney.
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`Dated: April 6, 2022
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Kristopher L. Reed
`Kristopher L. Reed (Reg. No. 58,694)
`KILPATRICK TOWNSEND & STOCKTON LLP
`Two Embarcadero Center, 19th Floor
`San Francisco, CA 94111
`(303) 571-4000
`HuaweiCywee@kilpatricktownsend.com
`
`Counsel for Huawei Petitioners
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 6, 2022, I caused a true and correct copy of the
`
`foregoing PETITIONER HUAWEI’S MOTION FOR WITHDRAWAL AND
`
`SUBSTITUTION OF LEAD AND BACKUP COUNSEL to be served via
`
`electronic mail as agreed by the Patent Owner on the following attorneys of record:
`
`Jay P. Kesan
`Cecil E. Key
`Arlen Papazian
`DIMURO GINSBERG PC
`1101 King Street, Suite 610
`Alexandria, VA 22314
`Telephone: (703) 684-4333
`Email:
`jkesan@dimuro.com
`
`
`ckey@dimuro.com
`
`
`apapazian@dimuro.com
`
`Ari Rafilson
`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, TX 75202
`Telephone: (214) 593-9110
`Email:
`arafilson@shorechan.com
`
`
`
`
`
`
`
`75397664V.1
`
`
`/s/ Kristopher L. Reed
`Kristopher L. Reed (Reg. No. 58,694)
`
`Counsel for Huawei Petitioners
`
`
`
`
`
`