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By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`Abraham Kasdan
`Wiggin and Dana
`450 Lexington Avenue, 38th Floor
`New York, NY 10017-3913
`Tel: (212) 490-1700
`Fax: (212) 490-0536
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`WAVEMARKET, INC. D/B/A LOCATION LABS
`Petitioner
`
`v.
`
`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
`
`

`

`I. RELIEF REQUESTED
`
`IPR2014-00199
`U.S. Patent 6,771,970
`
`
`As authorized in the e-mail dated March 12, 2014, from Maria Vignone as
`
`Paralegal Operations Manager, Anthony F. Lo Cicero and Abraham Kasdan
`
`respectfully request withdrawal from further representation of Patent Owner in this
`
`proceeding under 37 C.F.R. §§ 11.116 and 42.10(e).
`
`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.
`
`§ 11.116(b)(1) provides that “[e]xcept as stated in paragraph (c) of this section, a
`
`practitioner may withdraw from representing a client if . . . [w]ithdrawal can be
`
`accomplished without material adverse effect on the interests of the client. . . .”
`
`Paragraph (c) of this Section provides that “[a] practitioner must comply with
`
`applicable law requiring notice to or permission of a tribunal when terminating a
`
`representation. When ordered to do so by a tribunal, a practitioner shall continue
`
`representation notwithstanding good cause for terminating the representation.”
`
`“Upon termination of representation, a practitioner shall take steps to the extent
`
`reasonably practicable to protect a client's interests. . . .” 37 C.F.R. § 11.116(d).
`
`III. STATEMENT OF FACTS
`
`Based on the following statement of facts, Anthony F. Lo Cicero and
`
`Abraham Kasdan, as designated lead and back-up counsel on behalf of Patent
`
`1
`
`

`

`Owner in this proceeding, respectfully request authorization from the Board to
`
`IPR2014-00199
`U.S. Patent 6,771,970
`
`
`withdraw from representation of Patent Owner in this proceeding.
`
`1. Meir Dan, CEO of LocatioNet Systems, Ltd., assents to the
`
`withdrawal of Anthony F. Lo Cicero and Abraham Kasdan, as
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`evidenced in the Power of Attorney submitted concurrently herewith,
`
`which indicates that “I hereby revoke all previous powers of attorney
`
`given in the above-identified application”;
`
`2.
`
`Anthony F. Lo Cicero, a registered practitioner (Reg. No. 29,403),
`
`hereby agrees to take steps to the extent reasonably practicable to
`
`protect Patent Owner’s interests;
`
`3.
`
`Abraham Kasdan, a registered practitioner (Reg. No. 32,997), hereby
`
`agrees to take steps to the extent reasonably practicable to protect
`
`Patent Owner’s interests;
`
`3. Mr. Engellenner is a registered practitioner (Reg. No. 28,711); and
`
`4. Mr. Mollaaghababa is a registered practitioner (Reg. No. 43,810).
`
`IV. WITHDRAWAL IS PERMITTED
`
`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
`
`proceeding, as such withdrawal can be accomplished without material adverse
`
`effect on the interests of the Patent Owner. The Patent Owner has assented to the
`
`2
`
`

`

`termination of their representation of the Patent Owner in this proceeding, as
`
`IPR2014-00199
`U.S. Patent 6,771,970
`
`
`evidenced by the Power of Attorney submitted herewith. Further, their withdrawal
`
`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.
`
`V. CONCLUSION
`
`
`
`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.
`
`Dated: March 26, 2014
`
`
`
`
`Dated: March 26, 2014
`
`
`
`
`
`
`
`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
`
`3
`
`

`

`IPR2014-00199
`U.S. Patent 6,771,970
`
`
`CERTIFICATE OF SERVICE
`
`mark.hogge@dentons.com
`scott.cummings@dentons.com
`
`
`
`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
`
`
`
`
`
`
`
`
`
`
` I
`
`
`
` 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:
`
`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
`
`
`Dated: March 26, 2014
`
`

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