`Patent No. 6,108,704
`
`Paper No. __________
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`LG ELECTRONICS, INC., et al.
`Petitioners
`v.
`
`STRAIGHT PATH IP GROUP, INC.
`(FORMERLY KNOWN AS INNOVATIVE COMMUNICATIONS
`TECHNOLOGIES, INC.)
`Patent Owner
`
`________________
`
`Case No. IPR2015-00209
`Patent No. 6,108,704
`
`
`PETITIONER HULU, LLC’S UNOPPOSED MOTION FOR
`COUNSEL TO WITHDRAW AND PERMIT SUBSTITUTION OF
`COUNSEL
`
`
`
`
`
`883872
`
`
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(e) and the Board’s December 1, 2014 Order
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`authorizing this motion (Paper 6), Petitioner Hulu, LLC (“Hulu”) respectfully
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`requests that the Patent Trial and Appeal Board authorize withdrawal of its current
`
`lead counsel, Stacy S. Chen, and substitute in Leo L. Lam.
`
`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO AUTHORIZE WITHDRAWAL OF COUNSEL
`
`On October 31, 2014, Hulu appointed Stacy S. Chen as its lead counsel in
`
`the above-captioned inter partes review. On November 21, 2014, Ms. Chen left
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`the law firm of Keker & Van Nest LLP. Hulu therefore requests that Ms. Chen be
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`permitted to withdraw from the current proceeding and that Leo L. Lam of Keker
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`& Van Nest LLP be designated lead counsel to represent Hulu in this proceeding.
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`Mr. Lam meets the requirements of 37 C.F.R. § 42.10(c) to serve as lead
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`counsel as a registered practitioner. Hulu’s designated back-up counsel shall
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`remain the same. A Substitute Power of Attorney and Amended Mandatory
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`Notices for Hulu’s new counsel accompany this motion. Hulu confirms that there
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`will be no changes to the schedule based on the change in counsel.
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`Counsel for Patent Owner Straight Path IP Group, Inc., has no objection to
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`the withdrawal of Ms. Chen and the appointment of Mr. Lam as new lead counsel.
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`
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`1
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`
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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 Ms. Chen’s
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`change of employer and Hulu’s corresponding change in its desired counsel, it is
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`appropriate to withdraw Ms. Chen as counsel and allow Mr. Lam to represent
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`Hulu. Although motions to withdraw are typically filed by the withdrawing
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`attorney, Ms. Chen has already left Keker & Van Nest LLP and is no longer
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`involved in this action, and so Mr. Lam instead files this motion. See Norwex
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`USA, Inc., et al. v. UMF Corp., et al., IPR2014-00151, slip op. at 3 (PTAB June 5,
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`2014) (Paper 17) (recognizing that “circumstances may not always permit
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`withdrawing counsel to file the motion”). Moreover, the administrative
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`requirements for a motion to withdraw have been satisfied by the accompanying
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`Substitute Power of Attorney and Amended Mandatory Notices. Patent Owner and
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`Petitioners LG Electronics, Inc., Toshiba Corp., and VIZIO, Inc. do not oppose this
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`motion.
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`IV. CONCLUSION
`Petitioner Hulu respectfully requests that the Board grant its motion to
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`authorize the withdrawal of Ms. Chen and permit substitution of Mr. Lam as lead
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`counsel.
`
`//
`
`
`
`2
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`
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`DATED: December 3, 2014
`
`Respectfully submitted,
`
`/s/ Leo L. Lam
`Leo L. Lam
`Registration No. 38,528
`Counsel for Petitioner Hulu, LLC
`
`Keker & Van Nest LLP
`633 Battery St.
`San Francisco, CA 94111
`Telephone: 415-391-5400
`llam@kvn.com
`
`
`
`
`
`
`
`
`
`3
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`
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`
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner
`Hulu, LLC’s Motion for Counsel to Withdraw and Permit Substitution of
`Counsel, together with all exhibits and other papers filed therewith were served on
`December 3, 2014 by placing a copy into FEDERAL EXPRESS directed to the
`attorneys of record for the patent at the following address:
`
`
`Counsel for Straight Path IP Group, Inc.
`William A. Meunier (Reg. No. 41,193)
`Matthew D. Durell (Reg. No. 55,136)
`Mintz, Levin, Cohn, Ferris, Glovsky
` and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`
`Counsel for LGE
`Darren M. Jiron (Registration No. 45,777)
`Rajeev Gupta (Registration No. 55,873)
`FINNEGAN, LLP
`901 New York Ave., NW
`Washington, D.C. 20001
`
`Counsel for VIZIO
`Kevin O’Brien (Registration No. 30,578)
`Richard V. Wells (Registration No. 53,757)
`Baker & McKenzie LLP
`815 Connecticut Avenue, N.W.
`Washington, D.C. 20006
`
`
`
`
`
`
`
`4
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`
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`
`
`Counsel for Toshiba
`Clint Conner (Registration No. 52,764)
`Paul Meiklejohn (Registration No. 26,569)
`Jennifer Spaith (Registration No. 51,916)
`Dorsey & Whitney
`50 South Sixth Street, Suite 1500
`Minneapolis, Minnesota 55402
`
`
`
`
`
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`Dated: December 3, 2014
`
`
`
`
`
`
`
`/s/ Leo L. Lam
`Leo L. Lam
`Registration No. 38,528
`Counsel for Petitioner Hulu, LLC
`
`Keker & Van Nest LLP
`633 Battery St.
`San Francisco, CA 94111
`Telephone: 415-391-5400
`llam@kvn.com
`
`5
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`
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