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`Filed on behalf of: Gold Standard Instruments, LLC Paper ____
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` Date filed: January 18, 2017
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`By:
`Joseph A. Hynds, Lead Counsel
`Steven Lieberman, Back-up Counsel (Pro Hac Vice)
`C. Nichole Gifford, Back-up Counsel
`R. Elizabeth Brenner-Leifer, Back-up Counsel
`Derek F. Dahlgren, Back-up Counsel (Pro Hac Vice)
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: jhynds@rfem.com
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` slieberman@rfem.com
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` ngifford@rfem.com
` ebrenner@rothwellfigg.com
` ddahlgren@rfem.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`US ENDODONTICS, LLC,
`Petitioner,
`
`v.
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`GOLD STANDARD INSTRUMENTS, LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`_______________
`
`PATENT OWNER’S MOTION TO WITHDRAW COUNSEL
`PURSUANT TO 37 C.F.R. § 42.10(e)
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`
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Pursuant to 37 C.F.R. § 42.10(e), Gold Standard Instruments, LLC (“Patent
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`Owner”) hereby moves to withdraw Jason M. Nolan (Reg. No. 72,427) as back-up
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`counsel in the Inter Partes Review of U.S. Patent No. 8,727,773 B2. Patent Owner
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`moves to withdraw Mr. Nolan because he is no longer associated with Rothwell,
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`Figg, Ernst & Manbeck, P.C. (“RFEM”), the firm which represents the Patent
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`Owner in this case. The Petitioner does not oppose this motion, and, in compliance
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`with 37 C.F.R. § 42.20(b), Patent Owner received Board authorization to file this
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`motion on January 18, 2017.
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`Under the Patent Office’s rules, “a practitioner shall not withdraw from
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`employment until the practitioner has taken reasonable steps to avoid foreseeable
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`prejudice to the rights of the client, including giving due notice to his or her client,
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`allowing time for employment of another practitioner, delivering to the client all
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`papers and property to which the client is entitled, and complying with applicable
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`laws and rules.” 37 C.F.R. § 10.40(a). In compliance with 37 C.F.R. § 10.40(a),
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`Patent Owner will not be prejudiced by the withdrawal of Mr. Nolan at least
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`because:
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`2
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`Case IPR2015-00632
`Patent 8,727,773 B2
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`(i)
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`RFEM has retained all relevant papers and property necessary to
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`continue representation of Patent Owner in this case,
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`(ii)
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`Joseph A. Hynds (Reg. No. 34,627) will remain as lead counsel in this
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`case and Patent Owner is concurrently submitting updated mandatory
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`notices pursuant to 37 C.F.R. § 42.8(b)(3), indicating the withdrawal
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`of Mr. Nolan as back-up counsel,
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`(iii) C. Nichole Gifford (Reg. No. 44,122), R. Elizabeth Brenner-Leifer
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`(Reg. No. 48,726), Steven Lieberman (pro hac vice) and Derek F.
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`Dahlgren (pro hac vice) will all remain as back-up counsel for Patent
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`Owner in this case.
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`Respectfully submitted,
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`
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`/ Joseph A. Hynds /
`By:
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`Date: January 18, 2017
`Joseph A. Hynds (Reg. No. 34,627)
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`ROTHWELL, FIGG, ERNST &
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`
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` MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Counsel for Patent Owner
`Gold Standard Instruments, LLC
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`3
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`Case IPR2015-00632
`Patent 8,727,773 B2
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 18th day of January, 2017, a true and correct
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`copy of the foregoing PATENT OWNER’S MOTION TO WITHDRAW
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`COUNSEL PURSUANT TO 37 C.F.R. § 42.10(e) was served, via electronic
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`mail upon the following counsel for Petitioner US Endodontics, LLC:
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`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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`
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`
`
`Jeffrey S. Ginsberg, Esq.
`Abhishek Bapna, Esq.
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Phone: 212-336-2630
`Facsimile: 212-336-1270
`Emails: jginsberg@pbwt.com
`abapna@pbwt.com
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`
`4
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