`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.,
`Petitioners,
`v.
`NUVASIVE, INC.,
`Patent Owner.
`________________
`Case No. IPR2019-00361
`U.S. Patent No. 8,187,334
`________________
`
`PETITIONERS’ MOTION TO WITHDRAW AND
`SUBSTITUTE COUNSEL
`
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`I.
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`STATEMENT OF RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10(e) and the Board’s May 6, 2019 email
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`authorizing
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`this motion, Petitioners ALPHATEC HOLDINGS, INC. and
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`ALPHATEC SPINE, INC. respectfully requests that the Board authorize the
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`withdrawal of Andrew R. Sommer as counsel of record in this proceeding.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAW OF COUNSEL
`Mr. Sommer has left the law firm of Winston & Strawn LLP. Petitioners
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`continue to retain the law firm of Winston & Strawn LLP to represent it in further
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`proceedings. New lead counsel from Winston & Strawn are identified in Petitioners’
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`Supplemental Power of Attorney filed along with the present motion. Lead counsel,
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`Jovial Wong, is registered to conduct business before the United States Patent and
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`Trademark Office and the Board.
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`It is not expected that the withdraw of counsel or the addition of new counsel
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`from Winston & Strawn LLP will impact the schedule for proceedings in this matter.
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`Updated Mandatory Notices are being concurrently filed with this motion.
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`III. REASONS FOR RELIEF REQUESTED
`“Counsel may not withdraw from a proceeding before the Board unless the
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`Board authorizes such withdrawal.” 37 C.F.R. § 42.10(e). Given Mr. Sommer is no
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`longer with Winston & Strawn LLP, but Petitioners continue to retain the law firm
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`1
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`of Winston & Strawn LLP in connection with this proceeding, it is appropriate to
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`allow Mr. Sommer to withdrawal as counsel of record in this proceeding.
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`Patent Owner has been consulted about the relief sought in this motion and
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`has indicated it does not object to the withdrawal of Mr. Sommer. Thus, Petitioners
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`believe that granting this motion will not hinder the economy, integrity of the patent
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`system, or the efficient administration of the Office. See 35 U.S.C. § 316(b).
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`IV. CONCLUSION
`Petitioners respectfully requests that the Board grant its motion to authorize
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`Mr. Sommer’s withdrawal as counsel of record in this proceeding and to replace him
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`with additional counsel identified in Petitioners’ Updated Mandatory Notices and
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`Power of Attorney.
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`* * * * *
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`
`2
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`Date: May 7, 2019
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`Respectfully submitted,
`
`
`
`
`
`/David Dalke/
`David Dalke
`Reg. No. 40,980
`WINSTON & STRAWN LLP
`333 South Grand Avenue
`38th Floor
`Tel: (213) 615-1700
`Fax: (213) 615-1750
`Email: ddalke@winston.com
`
`Back-Up Counsel for Petitioners
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`
`
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`3
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), I certify that, on May 7, 2019, true
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`and correct copies of the foregoing MOTION TO WITHDRAW AND
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`SUBSTITUTE COUNSEL, was served by via email to the following counsel for
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`the Patent Owner:
`
`Michael T. Rosato (Reg. No. 52,182)
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Tel.: 206-883-2529
`Fax: 206-883-2699
`Email: mrosato@wsgr.com
`
`Paul D. Tripodi II (Reg. No. 40,847)
`WILSON SONSINI GOODRICH & ROSATI
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Tel.: 323-210-2902
`Fax: 866-974-7329
`Email: ptripodi@wsgr.com
`
`Sonja R. Gerrard (Reg. No. 72,802)
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel.: 206-883-2649
`Fax: 206-883-2699
`Email: sgerrard@wsgr.com
`
`Jad A. Mills (Reg. No. 63,344)
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel.: 206-883-2554
`
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`4
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`Date: May 7, 2019
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`Fax: 206-883-2699
`Email: jmills@wsgr.com
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`Respectfully submitted,
`
`
`
`/David Dalke/
`David Dalke (Reg. No. 40,980)
`Back-Up Counsel for Petitioners
`
`5
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