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`Anthony F. Lo Cicero
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue, Suite 2100
`New York, NY 10016
`Tel: (212) 336-8000
`Fax: (212) 336-8001
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`Abraham Kasdan
`Wiggin and Dana
`450 Lexington Avenue, 38th Floor
`New York, NY 10017-3913
`Tel: (212) 490-1700
`Fax: (212) 490-0536
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`WAVEMARKET, INC. D/B/A LOCATION LABS
`Petitioner
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`v.
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`LOCATIONET SYSTEMS, LTD.
`Patent Owner
`___________________
`
`Case No. IPR2014-00199
`U.S. Patent 6,771,970
`___________________
`
`
`MOTION FOR WITHDRAWAL OF REPRESENTATION
`OF PATENT OWNER BY ANTHONY F. LO CICERO AND
`ABRAHAM KASDAN
`
`
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`I. RELIEF REQUESTED
`
`IPR2014-00199
`U.S. Patent 6,771,970
`
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`As authorized in the e-mail dated March 12, 2014, from Maria Vignone as
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`Paralegal Operations Manager, Anthony F. Lo Cicero and Abraham Kasdan
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`respectfully request withdrawal from further representation of Patent Owner in this
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`proceeding under 37 C.F.R. §§ 11.116 and 42.10(e).
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`II. GOVERNING RULES
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`“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). 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, Anthony F. Lo Cicero and
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`Abraham Kasdan, as designated lead and back-up counsel on behalf of Patent
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`1
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`
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`Owner in this proceeding, respectfully request authorization from the Board to
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`IPR2014-00199
`U.S. Patent 6,771,970
`
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`withdraw from representation of Patent Owner in this proceeding.
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`1. Meir Dan, CEO of LocatioNet Systems, Ltd., assents to the
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`withdrawal of Anthony F. Lo Cicero and Abraham Kasdan, as
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`evidenced in the Power of Attorney submitted concurrently herewith,
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`which indicates that “I hereby revoke all previous powers of attorney
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`given in the above-identified application”;
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`2.
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`Anthony F. Lo Cicero, a registered practitioner (Reg. No. 29,403),
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`hereby agrees to take steps to the extent reasonably practicable to
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`protect Patent Owner’s interests;
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`3.
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`Abraham Kasdan, a registered practitioner (Reg. No. 32,997), 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. Engellenner is a registered practitioner (Reg. No. 28,711); and
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`4. 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. Lo
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`Cicero and Mr. Kasdan are entitled to withdraw from representation in this
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`proceeding, as such withdrawal can be accomplished without material adverse
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`effect on the interests of the Patent Owner. The Patent Owner has assented to the
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`2
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`termination of their representation of the Patent Owner in this proceeding, as
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`IPR2014-00199
`U.S. Patent 6,771,970
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`evidenced by the Power of Attorney submitted herewith. Further, their withdrawal
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`will not cause prejudice to the rights of the Patent Owner as both Mr. Engellenner
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`and Mr. Mollaaghababa are registered practitioners and are familiar with the
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`underlying legal and technical issues of the instant proceedings.
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`V. CONCLUSION
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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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`Anthony F. Lo Cicero and Abraham Kasdan.
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`Dated: March 26, 2014
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`Dated: March 26, 2014
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`Respectfully submitted,
`By: /s/ Anthony F. Lo Cicero
`Anthony F. Lo Cicero
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue, Suite 2100
`New York, NY 10016
`Tel: (212) 336-8000
`Fax: (212) 336-8001
`
`
`
`Respectfully submitted,
`By: /s/ Abraham Kasdan
`Abraham Kasdan
`Wiggin and Dana
`450 Lexington Avenue, 38th Floor
`New York, NY 10017-3913
`Tel: (212) 490-1700
`Fax: (212) 490-0536
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`3
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`IPR2014-00199
`U.S. Patent 6,771,970
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`CERTIFICATE OF SERVICE
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`mark.hogge@dentons.com
`scott.cummings@dentons.com
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`
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`Respectfully submitted,
`By: /s/ Anthony F. Lo Cicero
`Anthony F. Lo Cicero
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue, Suite 2100
`New York, NY 10016
`Tel: (212) 336-8000
`Fax: (212) 336-8001
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` I
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` hereby certify that on March 26, 2014, a true and accurate copy of this paper,
`MOTION FOR WITHDRAWAL OF REPRESENTATION OF PATENT OWNER BY ANTHONY
`F. LO CICERO AND ABRAHAM KASDAN, was served on the following counsel for
`Petitioner WaveMarket, Inc. via email and Federal Express:
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`Mark L. Hogge
`Scott W. Cummings
`Dentons US LLP
`1301 K Street, N.W., Suite 600
`Washington DC 20005
`Tel:
`(202) 408-6400
`Fax: (202) 4086399
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`Dated: March 26, 2014
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`