`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`World Programming Limited
`Petitioner
`
`v.
`
`SAS Institute Inc.
`Patent Owner
`______________________
`
`Case IPR2019-01458
`Patent 7,170,519
`______________________
`
`PATENT OWNER SAS INSTITUTE INC.’S UNOPPOSED MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`37 C.F.R. § 42.10 – STATEMENT OF REQUESTED RELIEF
`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that the
`
`Board authorize withdrawal of David B. Cochran as lead counsel, and Joseph M.
`
`Sauer and Joshua R. Nightingale as backup counsel, in this matter.
`
`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
`
`Petition of Inter Partes Review, appointing David B. Cochran as lead counsel, and
`
`Joseph M. Sauer and Joshua R. Nightingale as backup counsel, in the above-
`
`captioned inter partes review. (Paper 5). For good cause, Patent Owner requests
`
`that the current designated counsel be deemed withdrawn from the present
`
`proceeding, and new counsel, Brenton R. Babcock as lead counsel, and Joshua P.
`
`Davis and Tony T. Chen as backup counsel, be designated lead counsel and back-up
`
`counsel, respectively, to represent Patent Owner in this proceeding.
`
`Patent Owner’s counsel meet the requirements of 37 C.F.R. § 42.10(c)
`
`because lead counsel and backup counsel are all registered USPTO practitioners.
`
`In identifying and designating new counsel who are ready and able to take
`
`over the representation, 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.
`
`
`
`-1-
`
`
`
`
`
`§ 10.40(a). Further, Patent Owner 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).
`
`III. PETITIONER DOES NOT OBJECT TO THE SUBSTITUTION
`Petitioner has indicated that it does not oppose the requested withdrawal and
`
`substitution of counsel for Patent Owner.
`
`IV. CONCLUSION
`Patent Owner respectfully requests that the Board grant its motion to authorize
`
`withdrawal of counsel and permit substitution of counsel. Upon grant of this motion,
`
`new counsel for Patent Owner will promptly file Patent Owner’s Amended
`
`Mandatory Notices and Substitute Power of Attorney.
`
`
`
`
`
`Dated: 10/25/2019
`
`Respectfully submitted,
`
`
`By:
`
`
`/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
`
`
`
`
`
`
`
`
`
`Joshua R. Nightingale (Reg. No. 67,865)
`Jones Day
`
`-2-
`
`
`
`
`
`
`
`
`
`
`
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`T: (412) 394-7950
`jrnightingale@jonesday.com
`
`Counsel for Patent Owner
`
`
`
`-3-
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing PATENT
`
`OWNER SAS
`
`INSTITUTE
`
`INC.’S UNOPPOSED MOTION FOR
`
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL was served on
`
`10/25/2019 via electronic mail, at the following:
`
`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
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Joseph M. Sauer/
`Joseph M. Sauer (Reg No. 47,919)
`
`Counsel for Patent Owner
`
`
`
`
`
`Dated: 10/25/2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`-i-
`
`