`U.S. Patent No. 5,732,375
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________________________________________________________________
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`TOYOTA MOTOR CORPORATION
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`Petitioner
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`Patent No. 5,732,375
`Issue Date: March 24, 1998
`Title: METHOD OF INHIBITING OR ALLOWING AIRBAG DEPLOYMENT
`__________________________________________________________________
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`Case No. IPR 2016-00291
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`__________________________________________________________________
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`PETITIONER’S UNOPPOSED MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`I.
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`PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10, Petitioner respectfully requests that the Board
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`authorize withdrawal of its current lead counsel, A. Antony Pfeffer (Reg. No. 43,857),
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`formerly of Kenyon & Kenyon LLP, and currently of Orrick, Herrington & Sutcliffe
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`LLP.
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`Petitioner further requests that the Board authorize registered practitioner John
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`Flock (Reg. No. 39,670) of Kenyon & Kenyon LLP to appear as lead counsel for
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`Petitioner in this proceeding.
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`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`On December 8, 2015, Petitioner filed a Power of Attorney designating the
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`practitioners associated with Customer No. 26646 (Kenyon & Kenyon LLP) as its
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`counsel in this proceeding. (Paper No. 1.) Petitioner identified A. Antony Pfeffer
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`(Reg. No. 43,857) as its lead counsel and John Flock (Reg. No. 39,670) and George E.
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`Badenoch (Reg. No. 25,825) as back-up counsel in its Petition for Inter Partes
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`Review of U.S. Patent No. 5,732,375. (Paper No. 2).
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`Lead counsel A. Antony Pfeffer (Reg. No. 43,857) has since left the firm
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`Kenyon & Kenyon LLP. Therefore, Petitioner respectfully submits that good cause
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`exists for the withdrawal of Mr. Pfeffer as its lead counsel in this proceeding.
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`Petitioner further requests that Mr. Flock be designated as its new lead counsel.
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`Mr. Badenoch, with whom Mr. Flock works at Kenyon & Kenyon LLP, will continue
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
`as back-up counsel for Petitioner. In designating the client’s chosen registered
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`practitioner as new lead counsel, in maintaining Kenyon & Kenyon LLP as its counsel
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`in this proceeding, and in maintaining Mr. Badenoch as back-up counsel, reasonable
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`steps have been taken to avoid foreseeable prejudice to the rights of the client. See 37
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`C.F.R. § 10.40(a). Further, Petitioner believes that granting this motion will not
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`hinder the economy, the integrity of the patent system, the efficient administration of
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`the Office, or the ability of the Office to timely complete this proceeding. See 35
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`U.S.C. § 316(b).
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`Patent Owner has indicated that it does not oppose the requested withdrawal
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`and substitution of counsel for Petitioner. The Board authorized the filing of this
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`motion via email on March 1, 2016.
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`III. CONCLUSION
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`Petitioner respectfully requests that the Board grant this motion and (i)
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`authorize withdrawal of A. Antony Pfeffer (Reg. No. 43,857) as lead counsel for
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`Petitioner in this proceeding, and (ii) authorize John Flock (Reg. No. 39,670) to
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`appear as lead counsel for Petitioner in this proceeding. Upon grant of this motion,
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`Petitioner’s new lead counsel will promptly file updated mandatory disclosures.
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`Date: March 1, 2016
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`Respectfully submitted,
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`/ John Flock /
`John Flock
`Registration No. 39,670
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: (212) 425-7200
`Email: jflock@kenyon.com
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`Certificate of Service
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`The undersigned hereby certifies that the foregoing PETITIONER’S
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`UNOPPOSED MOTION FOR WITHDRAWAL AND SUBSTITUTION OF
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`COUNSEL was served via e-mail on March 1, 2016, in its entirety on the
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`following:
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`Tarek N. Fahmi (Reg. No. 41,402)
`Holly J. Atkinson (Reg. No. 69,934)
`Jason A. LaBerteaux (Reg. No. 65,724)
`Ascenda Law Group, PC
`333 W San Carlos St., Suite 200
`San Jose, CA 95110
`Tel: 866-877-4883
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`jason.laberteaux@ascendalaw.com
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`/John Flock/
`John Flock
`Reg. No. 39,670
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
` Tel: (212) 425-7200
` Email: jflock@kenyon.com
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`Counsel for Petitioner Toyota Motor
`Corporation
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