`571-272-7822
`
`
`
`
`Paper: 16
`
`Entered: May 14, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALPHATEC HOLDINGS, INC. and ALPHATEC SPINE, INC.,
`Petitioner,
`
`v.
`
`NUVASIVE, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`____________
`
`
`
`Before DENISE M. POTHIER, HYUN J. JUNG, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motions for Withdrawal and Substitution of Counsel
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Order to be entered in
`each proceeding. The Parties are not authorized to use this joint heading and
`filing style in their papers.
`
`
`
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`
`
`In response to our authorization, Alphatec Holdings, Inc. and
`Alphatec Spine, Inc. (collectively “Petitioner”) filed on May 7, 2019,
`Motions to Withdraw and Substitute Counsel in each of the above-identified
`proceedings (collectively “Motions”). Paper 14.2 The Motions request
`withdrawal of lead counsel Andrew R. Sommer, and the substitution of lead
`counsel Jovial Wong (Reg. No. 60,115). Paper 14, 1–2. The Motions are
`accompanied by updated filings for Power of Attorney (Paper 15) and
`Mandatory Notices (Paper 16).3 Petitioner states that Patent Owner,
`Nuvasive, Inc., does not oppose the Motions. Paper 14, 2.
`Upon review of the record before us, for the reasons set forth in the
`Motions, Petitioner’s Motions are granted.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motions to withdraw Andrew R. Sommer
`as counsel in the above-identified proceedings are granted; and
`FURTHER ORDERED that Jovial Wong is recognized as lead
`counsel for Petitioner in the above-identified proceedings, effective as of the
`date of this Order.
`
`
`
`
`
`2 For purposes of expediency, we cite to Papers filed in IPR2019-00361.
`Petitioner filed similar Motions in IPR2019-00362 (Paper 13) and IPR2019-
`00546 (Paper 12).
`3 We cite to the Power of Attorney and Mandatory Notices filed in IPR2019-
`00361. Petitioner filed similar Mandatory Notices identifying Mr. Wong as
`lead counsel in IPR2019-00362 (Paper 15) and IPR2019-00546 (Paper 14),
`and Powers of Attorney including Mr. Wong (IPR2019-00362, Paper 14;
`and IPR2019-00546, Paper 13).
`
`2
`
`
`
`IPR2019-00361 (Patent 8,187,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,187,334 B2)
`
`
`FOR PETITIONER:
`
`Andrew Sommer
`David Dalke
`WINSTON & STRAWN LLP
`asommer@winston.com
`ddalke@winston.com
`
`
`FOR PATENT OWNER:
`
`Michael Rosato
`Paul Tripodi
`Sonja Gerrad
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`ptripodi@wsgr.com
`sgerrard@wsgr.com
`
`
`
`
`
`
`
`
`
`
`3
`
`
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