By:
`
`
`
`
`
`
`
`
`
`
`
`
`Sharon Fenick
`Daniel H. Golub
`Brian P. Gordaychik
`401 City Avenue, Suite 900
`Bala Cynwyd, PA 19004
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SAMSUNG ELECTRONICS CO. LTD.;
`SAMSUNG ELECTRONICS AMERICA, INC.;
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC; and
`SAMSUNG AUSTIN SEMICONDUCTOR, LLC;
`Petitioner
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP
`Patent Owner
`___________________
`
`Case No. IPR2014-00518
`Patent 8,023,580
`___________________
`
`
`MOTION FOR WITHDRAWAL OF REPRESENTATION
`OF PATENT OWNER BY SHARON FENICK, DANIEL H. GOLUB,
`AND BRIAN P. GORDAYCHIK
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Sharon Fenick
`Daniel H. Golub
`Brian P. Gordaychik
`401 City Avenue, Suite 900
`Bala Cynwyd, PA 19004
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SAMSUNG ELECTRONICS CO. LTD.;
`SAMSUNG ELECTRONICS AMERICA, INC.;
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC; and
`SAMSUNG AUSTIN SEMICONDUCTOR, LLC;
`Petitioner
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP
`Patent Owner
`___________________
`
`Case No. IPR2014-00518
`Patent 8,023,580
`___________________
`
`
`MOTION FOR WITHDRAWAL OF REPRESENTATION
`OF PATENT OWNER BY SHARON FENICK, DANIEL H. GOLUB,
`AND BRIAN P. GORDAYCHIK
`
`
`
`
`
`I. RELIEF REQUESTED
`
`IPR2014-00518
`Patent 8,023,580
`
`
`As authorized in the Order dated May 13, 2014 (Paper No. 8), Sharon
`
`Fenick, Daniel H. Golub, and Brian P. Gordaychik respectfully file this motion to
`
`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, Sharon Fenick, Daniel H. Golub,
`
`and Brian P. Gordaychik, as designated lead and back-up counsel on behalf of
`
`1
`
`
`
`Patent Owner in this proceeding, respectfully request authorization from the Board
`
`IPR2014-00518
`Patent 8,023,580
`
`
`to withdraw from representation of Patent Owner in this proceeding.
`
`1.
`
`Derek Wood, Secretary of the general partner, Rembrandt Virginia
`
`Management, LLC, assents to the withdrawal of Sharon Fenick,
`
`Daniel H. Golub, and Brian P. Gordaychik, as evidenced in the Power
`
`of Attorney filed on May 13, 2014, which indicates that Patent Owner
`
`desires to appoint Thomas J. Engellenner, Reza Mollaaghababa, and
`
`Lana Gladstein as its attorneys in this proceeding;
`
`2.
`
`Sharon Fenick, a registered practitioner (Reg. No. 45,269), hereby
`
`agrees to take steps to the extent reasonably practicable to protect
`
`Patent Owner’s interests;
`
`3.
`
`Daniel H. Golub, a registered practitioner (Reg. No. 33,701), hereby
`
`agrees to take steps to the extent reasonably practicable to protect
`
`Patent Owner’s interests;
`
`4.
`
`Brian P. Gordaychik, a registered practitioner (Reg. No. 62,179),
`
`hereby agrees to take steps to the extent reasonably practicable to
`
`protect Patent Owner’s interests;
`
`5.
`
`6.
`
`7.
`
`Thomas J. Engellenner is a registered practitioner (Reg. No. 28,711);
`
`Reza Mollaaghababa is a registered practitioner (Reg. No. 43,810);
`
`Lana Gladstein is a registered practitioner (Reg. No. 48,502); and
`
`2
`
`
`
`Counsel for Petitioner has agreed not to oppose the motion.
`
`IPR2014-00518
`Patent 8,023,580
`
`
`8.
`
`IV. WITHDRAWAL IS PERMITTED
`
`The facts outlined above in the Statement of Facts demonstrate that Sharon
`
`Fenick, Daniel H. Golub, and Brian P. Gordaychik 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 termination of their representation of the Patent Owner in this
`
`proceeding, as evidenced by the Power of Attorney appointing Thomas
`
`Engellenner, Reza Mollaaghababa, and Lana Gladstein as Counsel for Patent
`
`Owner. Counsel for Petitioner has also assented to the withdrawal. Further, the
`
`withdrawal will not cause prejudice to the rights of the Patent Owner as Thomas
`
`Engellenner, Reza Mollaaghababa, and Lana Gladstein are registered practitioners
`
`and are familiar with the underlying legal and technical issues of the instant
`
`proceedings.
`
`
`
`
`
`3
`
`
`
`V. CONCLUSION
`
`IPR2014-00518
`Patent 8,023,580
`
`
`
`
`In light of the foregoing, it is respectfully requested that the Board grant this
`
`motion for withdrawal of representation of Patent Owner in this proceeding by
`
`Sharon Fenick, Daniel H. Golub, and Brian P. Gordaychik.
`
`Dated: May 19, 2014
`
`Dated: May 19, 2014
`
`Dated: May 19, 2014
`
`Respectfully submitted,
`
`By: /Sharon Fenick/
`Sharon Fenick, Reg. No. 45,269
`401 City Avenue, Suite 900
`Bala Cynwyd, PA 19004
`(610) 822-0100 (telephone)
`
`Respectfully submitted,
`By: /Daniel H. Golub/
`Daniel H. Golub, Reg. No. 33,701
`401 City Avenue, Suite 900
`Bala Cynwyd, PA 19004
`(610) 822-0100 (telephone)
`
`Respectfully submitted,
`
`By: /Brian P. Gordaychik/
`Brian P. Gordaychik, Reg. No. 62,179
`401 City Avenue, Suite 900
`Bala Cynwyd, PA 19004
`(610) 822-0100 (telephone)
`
`
`4
`
`
`
`IPR2014-00518
`Patent 8,023,580
`
`
`CERTIFICATE OF SERVICE
`
`
`
`By: /Sharon Fenick/
`
`Sharon Fenick, Reg. No. 45,269
`401 City Avenue, Suite 900
`Bala Cynwyd, PA 19004
`(610) 822-0100 (telephone)
`
`
`
`
`
` I
`
`
`
`
`
` hereby certify that on May 19, 2014, a true and accurate copy of this paper,
`MOTION FOR WITHDRAWAL OF REPRESENTATION OF PATENT OWNER BY SHARON
`FENICK, DANIEL H. GOLUB, AND BRIAN P. GORDAYCHIK, was served on the
`following counsel for Petitioner via email and Federal Express:
`
`Jeffrey A. Miller
`millerj@dicksteinshapiro.com
`Dickstein Shapiro LLP
`1841 Page Mill Road
`Palo Alto, CA 94304
`Tel: (650) 690-9500
`Fax: (650) 690-9501
`
`Daniel G. Cardy (via e-mail only)
`cardyd@dicksteinshapiro.com
`Dickstein Shapiro LLP
`1825 Eye St. NW
`Washington DC 20006-5403
`Tel: (202) 420-2200
`Fax: (202) 420-2201
`
`Samsung.Rembrandt@dicksteinshapiro.com (via e-mail only)
`
`Dated: May 19, 2014
`
`
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