`
`
`
`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.
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`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
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`counsel, Kristopher L. Reed, Benjamin M. Kleinman, and Norris P. Boothe, and
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`appointment of Steven M. Geiszler (Reg. No. 51,725) of Futurewei as lead
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`counsel, Mark J. Ziegelbein (Reg. No. 43,307) of Futurewei as first backup
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`counsel, and Jie Cui (Reg. No. 79,389) of Futurewei as second backup counsel.
`
`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF LEAD AND
`BACKUP COUNSEL
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`The Huawei Petitioners have elected to designate new lead and backup
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`counsel in this proceeding, and current lead and backup counsel from Kilpatrick
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`Townsend & Stockton LLP will no longer represent the Huawei Petitioners going
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`forward. For good cause, the Huawei Petitioners request that current designated
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`lead and backup counsel be deemed withdrawn from the present proceeding, and
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`new lead and backup counsel listed above be substituted in and designated as lead
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`and backup counsel.
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`
`
`1
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`
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`The Huawei Petitioners agree to continue to be bound by the terms of the
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`Protective Order entered in these proceedings (Paper 56, Attachment A), and that
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`the new lead and backup counsel listed above shall sign and provide to all parties a
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`signed copy of the Acknowledgment for Access to Protective Order Material (id. at
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`6–7) before accessing any sealed materials in these proceedings. The Huawei
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`Petitioners acknowledge that the new lead and backup counsel listed above shall be
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`treated as in-house counsel of the Huawei Petitioners under paragraph 2(D) of the
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`Protective Order and shall not have access to Patent Owner’s or the other
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`Petitioners’ “HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL”
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`under paragraph 3 of the Protective Order.
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`Patent Owner and the other Petitioners have indicated that they do not
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`oppose this motion.
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`III. CONCLUSION
`
`The Huawei entities respectfully request that the Board grant their motion to
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`authorize withdrawal of current lead and backup counsel and permit substitution of
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`counsel. Upon grant of this motion, the Huawei entities will promptly file an
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`Amended Patent Owner’s Mandatory Notice and a new Power of Attorney.
`
`
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`
`2
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`
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`Dated: April 6, 2022
`
`
`
`
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`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
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`
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 6, 2022, I caused a true and correct copy of the
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`foregoing PETITIONER HUAWEI’S MOTION FOR WITHDRAWAL AND
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`SUBSTITUTION OF LEAD AND BACKUP COUNSEL to be served via
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`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
`
`
`
`
`
`
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