`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`World Programming Limited
`Petitioner
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`v.
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`SAS Institute Inc.
`Patent Owner
`______________________
`
`Case IPR2019-01457
`Patent 7,170,519
`______________________
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`PATENT OWNER SAS INSTITUTE INC.’S UNOPPOSED MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`I.
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`37 C.F.R. § 42.10 – STATEMENT OF REQUESTED RELIEF
`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that the
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`Board authorize withdrawal of David B. Cochran as lead counsel, and Joseph M.
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`Sauer and Joshua R. Nightingale as backup counsel, in this matter.
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`II.
`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`On August 23, 2019, Patent Owner submitted its Power of Attorney for
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`Petition of Inter Partes Review, appointing David B. Cochran as lead counsel, and
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`Joseph M. Sauer and Joshua R. Nightingale as backup counsel, in the above-
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`captioned inter partes review. (Paper 6). For good cause, Patent Owner requests
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`that the current designated counsel be deemed withdrawn from the present
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`proceeding, and new counsel, Brenton R. Babcock as lead counsel, and Joshua P.
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`Davis and Tony T. Chen as backup counsel, be designated lead counsel and back-up
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`counsel, respectively, to represent Patent Owner in this proceeding.
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`Patent Owner’s counsel meet the requirements of 37 C.F.R. § 42.10(c)
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`because lead counsel and backup counsel are all registered USPTO practitioners.
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`In identifying and designating new counsel who are ready and able to take
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`over the representation, reasonable steps have been taken to “avoid foreseeable
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`prejudice to the rights of the client, including giving due notice to his or her client,
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`[and] allowing time for employment of another practitioner.” See 37 C.F.R.
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`-1-
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`§ 10.40(a). Further, Patent Owner believes that granting this motion will not hinder
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`the economy, the integrity of the patent system, the efficient administration of the
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`Office, or the ability of the Office to timely complete this proceeding. See 35 U.S.C.
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`§ 316(b).
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`III. PETITIONER DOES NOT OBJECT TO THE SUBSTITUTION
`Petitioner has indicated that it does not oppose the requested withdrawal and
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`substitution of counsel for Patent Owner.
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`IV. CONCLUSION
`Patent Owner respectfully requests that the Board grant its motion to authorize
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`withdrawal of counsel and permit substitution of counsel. Upon grant of this motion,
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`new counsel for Patent Owner will promptly file Patent Owner’s Amended
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`Mandatory Notices and Substitute Power of Attorney.
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`Dated: 10/25/2019
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`Respectfully submitted,
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`By:
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`/Joseph M. Sauer/
`David B. Cochran (Reg. No. 39,142)
`Joseph M. Sauer (Reg. No 47,919)
`Jones Day
`901 Lakeside Avenue
`Cleveland, OH 44114
`T: (216) 586-7029
`dcochran@jonesday.com
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`Joshua R. Nightingale (Reg. No. 67,865)
`Jones Day
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`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`T: (412) 394-7950
`jrnightingale@jonesday.com
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`Counsel for Patent Owner
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`-3-
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing PATENT
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`OWNER SAS
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`INSTITUTE
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`INC.’S UNOPPOSED MOTION FOR
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`WITHDRAWAL AND SUBSTITUTION OF COUNSEL was served on
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`10/25/2019 via electronic mail, at the following:
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`Christopher V. Ryan (Reg. No. 54,759)
`chris.ryan@bakerbotts.com
`Brian W. Oaks (Reg No. 44,981)
`brian.oaks@bakerbotts.com
`Baker Botts L.L.P.
`98 San Jacinto Blvd., Suite 1500
`Austin, Texas 78701
`T: (512) 322-2586
`F: (512) 322-3686
`Counsel for Petitioner
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`/Joseph M. Sauer/
`Joseph M. Sauer (Reg No. 47,919)
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`Counsel for Patent Owner
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`Dated: 10/25/2019
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`-i-
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