`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`RIVERBED TECHNOLOGY, INC.; DELL, INC.; SAP AMERICA, INC.;
`SYBASE, INC.; HEWLETT-PACKARD ENTERPRISE CO.; HP ENTERPRISE
`SERVICES, LLC; TERADATA OPERATIONS, INC.; ECHOSTAR
`CORPORATION; AND HUGHES NETWORK SYSTEMS, LLC
`Petitioner
`
`v.
`
`REALTIME DATA LLC
`Patent Owner
`
`_________________
`
`Case: IPR2016-00980
`Patent: 7,378,992
`
`_________________
`
`PETITIONER PARTIES MOTION TO WITHDRAW COUNSEL
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`
`
`
`
`
`
`
`
`37 C.F.R. § 42.10 – STATEMENT OF RELIEF REQUESTED
`
`Case IPR2016-00980 of
`U.S. Patent No. 7,378,992
`
`
`I.
`
`Pursuant to 37 C.F.R. § 42.10(e), Petitioner parties respectfully request that
`
`two of the currently named back-up counsel (those specifically representing
`
`Petitioners SAP America, Inc. and Sybase, Inc.), be allowed to withdraw as backup
`
`counsel in this inter partes review proceeding.
`
`Petitioner has conferred with Patent Owner, who does not oppose this
`
`motion.
`
`II.
`
`STATEMENT OF FACTS
`SUPPORTING WITHDRAWAL OF COUNSEL
`
`On October 6, 2016, the undersigned counsel contacted the Board by email
`
`seeking permission to file this motion. On October 11, 2016, the Board responded
`
`by email with authorization.
`
`Patent Owner and SAP America, Inc. and Sybase have reached a settlement
`
`of their disputes concerning the subject patent and, concurrently with this motion,
`
`have filed a motion to be removed from this proceeding. John Vandenberg and
`
`Garth Winn, two of the backup counsel in this proceeding, specifically represent
`
`SAP and Sybase. Since the parties represented by Messrs. Vandenberg and Winn
`
`no longer have an interest in this proceeding, it is appropriate to allow them to
`
`withdraw as backup counsel.
`
`The currently named lead counsel and several other backup counsel will
`
`remain in this proceeding. As a result, it is believed that granting this Motion will
`
`
`
`Page 1
`
`
`
`Case IPR2016-00980 of
`U.S. Patent No. 7,378,992
`
`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. CONCLUSION
`Petitioner parties respectfully requests the Board grant this Motion and allow
`
`John D. Vandenberg and Garth A. Winn to withdraw as backup counsel.
`
`October 21, 2016
`
`Respectfully submitted,
`
`By /Kyle Howard/
`Kyle Howard, Reg. No. 67,568
`HAYNES AND BOONE, LLP
`Customer No. 27683
`Telephone: 972-739-6931
`Facsimile: 214-200-0853
`
`
`
`
`
`Page 2
`
`
`
`Certificate of Service in Compliance With 37 C.F.R. § 42.6(e)(4)
`
`Case IPR2016-00980 of
`U.S. Patent No. 7,378,992
`
`
`The undersigned certifies that a complete copy of Petitioner Parties Motion
`
`To Withdraw Counsel was served via email on Patent Owner’s counsel on October
`
`21, 2016:
`
`PTAB@skgf.com
`Jason D. Eisenberg: jasone-PTAB@skgf.com
`Donald J. Featherstone: donf-PTAB@skgf.com
`Joseph E. Mutschelknaus: jmutsche-PTAB@skgf.com
`
`A courtesy copy of this motion was also served upon litigation counsel for
`
`
`
`Patent Owner via email:
`
`Marc A. Fenster
`mfenster@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`
`
`
`By /Kyle Howard/
`Kyle Howard, Reg. No. 67,568
`HAYNES AND BOONE, LLP
`Customer No. 27683
`Telephone: 972-739-6931
`Facsimile: 214-200-0853
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Page 1
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