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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
`
`
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`_______________
`
`Case IPR2020-003241
`Patent 8,114,833
`_______________
`
`PETITIONER PFIZER, INC.’S MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`
`
`
`
`
`
`
`
`
`1 IPR2020-01252 has been joined with this proceeding
`
`
`
`

`

`
`
`I. RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10, Petitioner Pfizer, Inc. (“Pfizer”) respectfully
`
`moves for withdrawal of its current Lead and Back-Up Counsel and substitution
`
`with Thomas J. Meloro as Lead Counsel of record and Michael W. Johnson as
`
`Back-Up Counsel in this proceeding. The Board authorized Pfizer to file this
`
`motion on January 14, 2021, and thus this motion is authorized under 37 C.F.R. §
`
`42.20(b). Co-Petitioner Mylan Institutional LLC (“Co-Petitioner”) and Patent
`
`Owner Novo Nordisk A/S (“Patent Owner”) do not oppose this motion.
`
`II. STATEMENTOF REASONS FOR SUBSTITUTION OF COUNSEL
`
`Pfizer wishes for new counsel Thomas J. Meloro (Reg. No. 33,538), a
`
`registered practitioner from the law firm Willkie Farr & Gallagher LLP, to
`
`represent Pfizer and be substituted as Lead Counsel going forward in this
`
`proceeding. Mr. Meloro meets the requirements of 37 C.F.R. § 42.10, and
`
`represents Pfizer in other proceedings before the Board. See, e.g., IPR Nos. 2018-
`
`01219, 2018-00330, 2018-00331. Pfizer also wishes that Michael W. Johnson
`
`(Reg. No. 63,731), also of Willkie Farr & Gallagher LLP, represent it as Back-Up
`
`Counsel. An updated Power of Attorney and Mandatory Notice identifying Mr.
`
`Meloro as Lead Counsel and Mr. Johnson as Back-Up Counsel is being filed
`
`concurrently herewith.
`
`1
`
`

`

`
`
`Pfizer also requests that the Board authorize the withdrawal of present Lead
`
`Counsel Jovial Wong and Charles B. Klein, and Back-Up Counsel Sharon Lin,
`
`each of Winston & Strawn, LLP.
`
`Pfizer seeks no extensions of time, delays, or modification of the schedule
`
`governing this proceeding to enable this substitution of Lead Counsel, and thus
`
`substitution would not prejudice either Patent Owner or Co-Petitioner, neither of
`
`which oppose the motion. Further, Pfizer believes that granting this motion will
`
`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).
`
`
`Dated: January 19, 2021
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`/Jovial Wong/
`
`Jovial Wong
`Reg. No. 60,115
`
`
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`2
`
`

`

`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on January 19, 2021, I caused a true and correct copy of
`
`the foregoing PETITIONER PFIZER, INC.’S MOTION TO SUBSTITUTE LEAD
`
`COUNSEL was served by filing this document through Patent Trial and Appeal
`
`Board End to End system as well as delivering a copy via email to the following
`
`attorneys of record:
`
`White-ptab@perkinscoie.com
`Liraglutide@perkinscoie.com
`Greb-ptab@perkinscoie.com
`joelke@fenwick.com
`ryan.johnson@fenwick.com
`laura.moran@fenwick.com
`
`
`Dated: January 19, 2021
`
`
`
`
`
`
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`
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`
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`Respectfully submitted,
`/Jovial Wong/
`
`Jovial Wong
`Reg. No. 60,115
`
`
`
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`

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