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`Paper No. __
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`LSI CORPORATION and AVAGO TECHNOLOGIES U.S., INC,
`Petitioners,
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`v.
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`REGENTS OF THE UNIVERSITY OF MINNESOTA,
`Patent Owner.
`_____________
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`Case No. IPR2017-01068
`Patent 5,859,601
`_____________
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`PATENT OWNER’S UNOPPOSED MOTION TO WITHDRAW CERTAIN
`COUNSEL
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`304310958 v1
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`I.
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`STATEMENT OF RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10(e), and the Board’s January 23, 2020 email
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`authorizing this motion, Patent Owner Regents of the University of Minnesota
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`respectfully requests that the Patent Trial and Appeal Board (“the Board”)
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`authorize the withdrawal of Richard F. Giunta and Gerald B. Hrycyszyn as Backup
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`Counsel for Patent Owner in this matter.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF COUNSEL
`Messrs. Giunta and Hrycyszyn were retained to coordinate Patent Owner’s
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`sovereign immunity defense across a number of different proceedings including
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`this proceeding. Patent Owner maintains it is an arm of the state immune from this
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`proceeding. However, with the United States Supreme Court’s denial of the
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`petition for writ of certiorari in Regents of the University of Minnesota v. LSI
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`Corp., Case No. 19-337, Messrs. Giunta and Hrycyszyn are no longer required to
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`assist in this matter. Patent Owner continues to retain the law firm of K&L Gates
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`LLP, including Lead Counsel Patrick J. McElhinny (Reg. No. 46,320) and Backup
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`Counsel Mark G. Knedeisen (Reg. No. 42,747), to represent it in further
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`proceedings.
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`No changes to the schedule would be required based on this change in
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`counsel. Further, Patent Owner will continue to be represented by a lead counsel
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`and at least one back up counsel who can conduct business on behalf of the lead
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`counsel in compliance with 37 C.F.R. § 42.10(a).
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`III. REASONS FOR RELIEF REQUESTED
`“Counsel may not withdraw from a proceeding before the Board unless the
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`Board authorizes such withdrawal.” 37 C.F.R. § 42.10(e). Given Patent Owner’s
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`decision to change counsel (in part), it is appropriate to allow Messrs. Giunta and
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`Hrycyszyn to withdraw from the proceeding.
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`Petitioners have been consulted and have indicated they do not object to
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`Messrs. Giunta’s and Hrycyszyn’s withdrawal. Thus, Patent Owner believes that
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`granting this motion will not hinder the economy, the integrity of the patent
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`system, the efficient administration of the Office, or the ability of the Office to
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`timely complete this proceeding. See 35 U.S.C. § 316(b).
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`IV. CONCLUSION
`Patent Owner respectfully requests that the Board grant its motion to
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`authorize the withdrawal of Richard F. Giunta and Gerald B. Hrycyszyn as Backup
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`Counsel for Patent Owner in this proceeding.
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`Dated: January 24, 2020
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`Respectfully submitted,
`Regents of the University of Minnesota
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`By /Gerald B. Hrycyszyn/
`Patrick J. McElhinny, Reg. No. 46,320
`Mark G. Knedeisen, Reg. No. 42,747
`K&L GATES LLP
`210 Sixth Ave.
`Pittsburgh, PA 15222
`Tel: 412-355-6500 / Fax: 412-355-6501
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`Richard F. Giunta, Reg. No. 36,149
`Gerald B. Hrycyszyn, Reg. No. 50,474
`WOLF, GREENFIELD & SACKS, P.C
`600 Atlantic Avenue
`Boston, Massachusetts 02210-2206
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 (e)(4)
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`I certify that on January 24, 2020, I will cause a copy of the foregoing
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`document, including any exhibits or appendices referred to therein, to be served via
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`electronic mail, as previously consented to by Petitioner, upon the following:
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`Kristopher Reed
`Edward Mayle
`David Sipiora
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`Date: January 24, 2020
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`kreed@kilpatricktownsend.com
`tmayle@kilpatricktownsend.com
`dsipiora@kilpatricktownsend.com
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`/ Mark G. Knedeisen/
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