Filed on behalf of:
`Johns Manville
`By: Kristopher L. Reed (Lead Counsel)
`
`kreed@kilpatricktownsend.com
`
`David E. Sipiora (Back-up Counsel)
`
`dsipiora@kilpatricktownsend.com
`
`
`
`Paper No. 10
`Date: July 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GUARDIAN BUILDING PRODUCTS, INC.
`Petitioner
`
`v.
`
`JOHNS MANVILLE
`
`Patent Owner
`
`
`
`
`Case IPR2017-00633
`U.S. Patent No. 6,245,282
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR WITHDRAWAL AND
`SUBSTITUTION OF COUNSEL
`
`
`
`
`
`
`
`
`Johns Manville
`By: Kristopher L. Reed (Lead Counsel)
`
`kreed@kilpatricktownsend.com
`
`David E. Sipiora (Back-up Counsel)
`
`dsipiora@kilpatricktownsend.com
`
`
`
`Paper No. 10
`Date: July 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GUARDIAN BUILDING PRODUCTS, INC.
`Petitioner
`
`v.
`
`JOHNS MANVILLE
`
`Patent Owner
`
`
`
`
`Case IPR2017-00633
`U.S. Patent No. 6,245,282
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR WITHDRAWAL AND
`SUBSTITUTION OF COUNSEL
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`PRECISE RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that
`
`the Board authorize withdrawal of its current counsel, Kilpatrick Townsend &
`
`Stockton LLP, including its designated lead counsel Kristopher L. Reed (Reg. No.
`
`58,694) and back-up counsel David E. Sipiora (pro hac vice to be filed).
`
`Patent Owner further requests that the Board authorize registered
`
`practitioner Dinesh N. Melwani (Reg. No. 60,670) of Bookoff McAndrews, PLLC
`
`to appear as lead counsel, and Thara L. Russell (Reg. No. 75,005) of Bookoff
`
`McAndrews, PLLC to appear as back-up counsel, for Patent Owner in this
`
`proceeding. Robert Touslee will remain as additional back-up counsel.
`
`II.
`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`
`On January 30, 2017, Patent Owner filed a Power of Attorney designating
`
`the practitioners associated with Kilpatrick Townsend & Stockton LLP, including
`
`Kristopher L. Reed (Reg. No. 58,694) and David E. Sipiora as its counsel in this
`
`proceeding. (Paper No. 5.)
`
`Patent Owner simultaneously filed its mandatory disclosures, naming Mr.
`
`Reed as its lead counsel and Mr. Sipiora as its back-up counsel, subject to the
`
`Board admitting Mr. Sipiora pro hac vice. (Paper No. 4 .) On May 1, 2017,
`
`Patent Owner filed updated mandatory disclosures adding Robert D. Touslee
`
`(Reg. No. 34,032) as additional back-up counsel. (Paper No. 8.)
`
`
`
`- 1 -
`
`
`
`
`
`As set forth in Patent Owner’s Updated Power of Attorney, filed
`
`concurrently with this motion, Patent Owner has revoked its Power of Attorney
`
`to Kilpatrick Townsend & Stockton LLP (i.e., Mr. Reed and Mr. Sipiora) in this
`
`proceeding, and appointed practitioner Dinesh N. Melwani (Reg. No. 60,670) of
`
`Bookoff McAndrews, PLLC as its lead counsel and Thara L. Russell (Reg. No.
`
`75,005) as back-up counsel. Therefore, Patent Owner respectfully submits that
`
`good cause exists for the withdrawal of Kilpatrick Townsend & Stockton LLP as
`
`counsel, and Mr. Reed as lead counsel and Mr. Sipiora as back-up counsel, in this
`
`proceeding.
`
`Patent Owner further requests that Mr. Melwani, a registered practitioner,
`
`be designated as its new lead counsel and Ms. Russell as its new back-up counsel
`
`(in addition to Mr. Touslee continuing as additional back-up counsel). In
`
`designating the client’s chosen registered practitioner as new lead counsel and
`
`back-up counsel, reasonable steps have been taken to avoid foreseeable
`
`prejudice to the rights of the client. See 37 C.F.R. § 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).
`
`
`
`- 2 -
`
`
`
`
`
`III. PETITIONER DOES NOT OPPOSE THIS MOTION
`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 this motion and
`
`(i) authorize withdrawal of Kilpatrick Townsend & Stockton LLP as counsel, and
`
`Kristopher L. Reed (Reg. No. 58,694) as lead counsel, and David E. Sipiora as
`
`back-up counsel, for Patent Owner in this proceeding, and (ii) authorize Dinesh
`
`N. Melwani (Reg. No. 60,670) to appear as lead counsel, and Thara L. Russell
`
`(Reg. No. 75,005) as back-up counsel, for Patent Owner in this proceeding.
`
`Upon grant of this motion, Patent Owner’s new lead counsel will promptly file
`
`updated mandatory disclosures.
`
`
`
`Dated: July 21, 2017
`
`
`Lead Counsel for Patent Owner:
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Kristopher L. Reed
`Kristopher L. Reed
`Registration No. 58,694
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on this 21st
`
`day of July, 2017, I caused a true and correct copy of the foregoing PATENT
`
`OWNER’S UNOPPOSED MOTION FOR WITHDRAWAL AND
`
`SUBSTITUTION OF COUNSEL to be served via e-mail (as agreed by Counsel
`
`for Petitioner) on the following counsel of record for the Petitioner:
`
`R. David Donoghue (Lead Counsel)
`Steven E. Jedlinski (Back-up Counsel)
`Anthony J. Fuga (Back-up Counsel)
`clientteam-guardian@hklaw.com
`Holland & Knight LLP
`131 S. Dearborn, Floor 30
`Chicago, Illinois 60603
`
`
`
`
`
`By: /s/ Kristopher L. Reed
`Kristopher L. Reed
`Registration No. 58,694
`
`
`
`
`
`
`
`Dated: July 21, 2017
`
`
`
`69812628V.1
`
`
`
`- 4 -
`
`
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