`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`v.
`
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Patent Owner.
`____________
`
`Case IPR2021-00509
`U.S. Patent 9,509,440
`____________
`
`
`
`PATENT OWNER’S MOTION FOR WITHDRAWAL
`AND SUBSTITUTION OF COUNSEL
`
`
`
`
`
`
`Patent Owner’s Motion for Withdrawal and Substitution of Counsel
`IPR2021-00509 / U.S. Patent 9,509,440
`37 C.F.R. §42.10 – STATEMENT OF RELIEF REQUESTED
`
`I.
`
`Pursuant to 37 C.F.R. § 42.10, Patent Owner Telefonaktiebolaget LM Ericsson
`
`(“Ericsson”) respectfully requests that the Board authorize withdrawal of J.
`
`Andrew Lowes and Clint Wilkins of Haynes and Boone, LLP as its counsel.
`
`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`
`On April 14, 2021, the Board notified Petitioner via email that it was
`
`authorized to file the instant motion.
`
`For good cause, Patent Owner requests that the current designated lead and
`
`back-up counsel, J. Andrew Lowes and Clint Wilkins, Haynes and Boone, LLP, be
`
`deemed withdrawn from the present proceeding. Attorneys from McKool Smith,
`
`P.C. have already filed an Updated Mandatory Notice Under 37 C.F.R. §
`
`42.8(a)(3). All Haynes and Boone, LLP counsel will be withdrawn from the
`
`present proceeding and McKool Smith, P.C. will be substituted as counsel to
`
`represent Patent Owner.
`
`Counsel meets the requirements of 37 C.F.R. § 42.10(c) and are registered
`
`practitioners. Counsel has conferred with current counsel and reasonable steps
`
`have been taken to “avoid foreseeable prejudice to the rights of the client,
`
`including giving due notice to his or her client, [and] allowing time for
`
`employment of another practitioner.” See 37 C.F.R. § 10.40(a). Further, Patent
`
`Owner believes that granting this motion will not hinder the economy, the integrity
`
`
`
`2
`
`
`
`Patent Owner’s Motion for Withdrawal and Substitution of Counsel
`IPR2021-00509 / U.S. Patent 9,509,440
`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). Patent Owner
`
`verifies that no extensions of time will be sought based on substitution of counsel.
`
`III. CONCLUSION
`
`Patent Owner respectfully requests that the Board grant its motion to authorize
`
`withdrawal of counsel and permit substitution of counsel.
`
`
`
`Date: April 15, 2021
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`By: /J. Andrew Lowes/
`J. Andrew Lowes, Reg. No. 40,706
`Clint Wilkins, Reg. No. 62,448
`HAYNES AND BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`P: 972-680-7557
`F: 214-200-0853
`Counsel for Patent Owner
`
`
`
`3
`
`
`
`Patent Owner’s Motion for Withdrawal and Substitution of Counsel
`IPR2021-00509 / U.S. Patent 9,509,440
`CERTIFICATE OF SERVICE
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e)(4), that
`service was made on counsel for Petitioner and counsel being substituted for Patent
`Owner as detailed below:
`
`Date of Service
`
`April 15, 2021
`
`Persons served
`
`Manner of Service Electronic Service: todd.friedman@kirkland.com;
`james.marina@kirkland.com; jon.carter@kirkland.com;
`bao.nguyen@kirkland.com; kevin.bendix@kirkland.com;
`Samsung_Ericsson_IPR@kirkland.com;
`rkamprath@McKoolSmith.com;
`tstevenson@McKoolSmith.com; shejny@McKoolSmith.com
`
`Document Served Patent Owner’s Motion for Withdrawal and Substitution
`of Counsel
`
`Todd M. Friedman, P.C.
`James E. Marina
`Jon R. Carter
`Bao Nguyen
`Kevin Bendix
`KIRKLAND & ELLIS LLP
`
`Richard Kamprath
`Ted Stevenson
`Scott W. Hejny
`MCKOOL SMITH, P.C.
`
`
`Respectfully submitted,
`
`
`
`
`/J. Andrew Lowes/
`J. Andrew Lowes, Reg. No. 40,706
`Clint Wilkins, Reg. No. 62,448
`Counsel for Patent Owner
`
`
`
`
`4
`
`