By:
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` Stephen J. Tytran
` Theodosios Thomas
` Black Hills Media, LLC
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`5400 Trinity Rd. Suite 303
` Raleigh, NC 27607
` Tel: (919) 233-1942, Ext. 203
` Fax: (919) 233-9907
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`YAMAHA CORPORATION OF AMERICA
`Petitioner
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner
`___________________
`
`Case No. IPR2013-00594
`U.S. Patent 8,050,652
`___________________
`
`
`MOTION FOR WITHDRAWAL OF REPRESENTATION
`OF PATENT OWNER BY STEPHEN J. TYTRAN
`
`
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`
`
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`
`
` Stephen J. Tytran
` Theodosios Thomas
` Black Hills Media, LLC
`
`5400 Trinity Rd. Suite 303
` Raleigh, NC 27607
` Tel: (919) 233-1942, Ext. 203
` Fax: (919) 233-9907
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`YAMAHA CORPORATION OF AMERICA
`Petitioner
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner
`___________________
`
`Case No. IPR2013-00594
`U.S. Patent 8,050,652
`___________________
`
`
`MOTION FOR WITHDRAWAL OF REPRESENTATION
`OF PATENT OWNER BY STEPHEN J. TYTRAN
`
`
`
`I. RELIEF REQUESTED
`
`IPR2013-00594
`U.S. Patent 8,050,652
`
`
`As authorized in the Order of December 26, 2013 (Paper 9), Stephen J.
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`Tytran respectfully requests withdrawal from further representation of Patent
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`Owner in this proceeding under 37 C.F.R. §§ 11.116 and 42.10(e).
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`II. GOVERNING RULES
`
`“Counsel may not withdraw from a proceeding before the Board unless the
`
`Board authorizes such withdrawal.” 37 C.F.R. § 42.10(e). Further, 37 C.F.R.
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`§ 11.116(b)(1) provides that “[e]xcept as stated in paragraph (c) of this section, a
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`practitioner may withdraw from representing a client if . . . [w]ithdrawal can be
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`accomplished without material adverse effect on the interests of the client. . . .”
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`Paragraph (c) of this Section provides that “[a] practitioner must comply with
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`applicable law requiring notice to or permission of a tribunal when terminating a
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`representation. When ordered to do so by a tribunal, a practitioner shall continue
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`representation notwithstanding good cause for terminating the representation.”
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`“Upon termination of representation, a practitioner shall take steps to the extent
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`reasonably practicable to protect a client's interests. . . .” 37 C.F.R. § 11.116(d).
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`III. STATEMENT OF FACTS
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`Based on the following statement of facts, Stephen J. Tytran, as designated
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`back-up counsel on behalf of Patent Owner in this proceeding, respectfully
`
`1
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`
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`requests authorization from the Board to withdraw from representation of Patent
`
`IPR2013-00594
`U.S. Patent 8,050,652
`
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`Owner in this proceeding.
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`1.
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`Hugh Svendsen, CEO of Black Hills Media, assents to the withdrawal
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`of Stephen Tytran, as evidenced in the Power of Attorney submitted
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`concurrently herewith, which indicates that “I hereby revoke all
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`previous powers of attorney given in the above-identified
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`application”;
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`2.
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`Stephen Tytran, a registered practitioner (Reg. No. 45,846), hereby
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`agrees to take steps to the extent reasonably practicable to protect
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`Patent Owner’s interests;
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`3. Mr. Thomas is a registered practitioner (Reg. No. 45,159);
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`4. Mr. Engellenner is a registered practitioner (Reg. No. 28,711); and
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`5. Mr. Mollaaghababa is a registered practitioner (Reg. No. 43,810).
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`IV. WITHDRAWAL IS PERMITTED
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`The facts outlined above in the Statement of Facts demonstrate that Mr.
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`Tytran is entitled to withdraw from representation in this proceeding, as such
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`withdrawal can be accomplished without material adverse effect on the interests of
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`the Patent Owner. The Patent Owner has assented to the termination of Mr.
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`Tytran’s representation in this proceeding, as evidenced by the Power of Attorney
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`submitted herewith. Further, Mr. Tytran’s withdrawal will not cause prejudice to
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`2
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`
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`the rights of the Patent Owner as Mr. Thomas, a registered practitioner, remains
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`IPR2013-00594
`U.S. Patent 8,050,652
`
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`counsel on behalf of Patent Owner. Moreover, both Mr. Engellenner and Mr.
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`Mollaaghababa are registered practitioners and are familiar with the underlying
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`legal and technical issues of the instant proceedings.
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`V. CONCLUSION
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`
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`In light of the foregoing, it is respectfully requested that the Board grant this
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`motion for withdrawal of representation of Patent Owner in this proceeding by
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`Stephen J. Tytran.
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`Dated: December 31, 2013
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`Dated: December 31, 2013
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`
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`Respectfully submitted,
`By: /Stephen J. Tytran R45846/
`Stephen J. Tytran, Reg. No. 45,846
`Black Hills Media, LLC
`5400 Trinity Rd, Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 202
`Fax: (919) 233-9907
`
`Respectfully submitted,
`By: /Theodosios Thomas R45159/
`Theodosios Thomas, Reg. No. 45,159
`Black Hills Media, LLC
`5400 Trinity Rd. Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 203
`Fax: (919) 233-9907
`Attorney for Patent Owner
`
`3
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`
`
`IPR2013-00594
`U.S. Patent 8,050,652
`
`
`CERTIFICATE OF SERVICE
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`
`
`
`dfehrman@mofo.com
`marjomand@mofo.com
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` hereby certify that on December 31, 2013, a true and accurate copy of this paper,
`MOTION FOR WITHDRAWAL OF REPRESENTATION OF PATENT OWNER BY STEPHEN J.
`TYTRAN, was served on the following counsel for Petitioner Yamaha of America
`via email and U.S. Express Mail:
`
`David L. Fehrman
`Mehran Arjomand
`Morrison & Foerster LLP
`707 Wilshire Boulevard
`Los Angeles, CA 90017-3543
`Tel: (213) 892-5630
`Fax: (323) 210-1329
`
`
`Dated: December 31, 2013
`
`
`By: /Theodosios Thomas/
`Theodosios Thomas, Reg. No. 45,159
`Black Hills Media, LLC
`5400 Trinity Rd. Suite 303
`Raleigh, NC 27607
`Tel: (919) 233-1942, Ext. 203
`Fax: (919) 233-9907
`Attorney for Patent Owner
`
`
`
`
`
`
` I
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