Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`Paper No. 23
`Filed: September 22, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`ARRIS GROUP, INC.
`Petitioner
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`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
`____________________
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`CASE IPR2015-00635
`Patent 5,563,883
`____________________
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`PATENT OWNER’S UNOPPOSED MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`U.S. Patent No. 5,563,883
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`Paper No. 23
`Filed: September 22, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`ARRIS GROUP, INC.
`Petitioner
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`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
`____________________
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`CASE IPR2015-00635
`Patent 5,563,883
`____________________
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`PATENT OWNER’S UNOPPOSED MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`I.
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`PRECISE RELIEF REQUESTED
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`Paper No. 23
`Filed: September 22, 2015
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`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that the
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`Board authorize withdrawal of its current designated lead counsel, Lewis V. Popovski
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`(Reg. No. 37,423), and backup counsel Jeffrey S. Ginsberg (Reg. No. 36,148).
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`Patent Owner further respectfully requests that Walter E. Hanley, Jr. (Reg. No.
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`28,720) be designated lead counsel to represent Patent Owner in this proceeding.
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`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`On February 25, 2015, Patent Owner filed a Power of Attorney designating the
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`attorneys associated with Customer No. 26626 (Kenyon & Kenyon LLP) as its
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`counsel in this proceeding. (Paper No. 4) Patent Owner’s power of attorney states:
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`Pursuant to 37 C.F.R. § 42.10(b), Patent Owner, C-Cation
`Technologies, LLC, hereby appoints the practitioners
`associated with Customer No. 26646, as its attorneys to
`transact all business in the United States Patent &
`Trademark Office and Patent Trial and Appeal Board
`associated with the above-captioned Inter Partes Review.
`These attorneys include at least:
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`Lewis V. Popovski, Reg. No. 37,423 (Lead Counsel)
`Jeffrey S. Ginsberg, Reg. No. 36,148 (Backup Counsel)
`David J. Kaplan, Reg. No. 57,117 (Backup Counsel)
`David J. Cooperberg, Reg. No. 63,250 (Backup Counsel)
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`(Paper No. 4)
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`Patent Owner simultaneously filed its mandatory disclosures, naming Mr.
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`Popovski as its lead counsel and Mr. Ginsberg, Mr. Kaplan, and Dr. Cooperberg as its
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`backup counsel. (Paper No. 5)
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`Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`Paper No. 23
`Filed: September 22, 2015
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`Mr. Popovski and Mr. Ginsberg are no longer practitioners associated with
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`Customer No. 26646. Patent Owner therefore respectfully submits that good cause
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`exists for their withdrawal as counsel for Patent Owner in this proceeding.
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`Patent Owner further requests that Mr. Hanley be designated as its new lead
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`counsel. Mr. Hanley is a registered practitioner associated with Customer No. 26646.
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`Mr. Kaplan and Dr. Cooperberg will continue as backup counsel for Patent Owner.
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`Patent Owner’s counsel will meet the requirements of 37 C.F.R. § 42.10 as lead
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`counsel and registered practitioners. In identifying and designating new lead counsel,
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`and in having two registered practitioners continue as its backup counsel, reasonable
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`steps have been taken to avoid foreseeable prejudice to the rights of the client. See 37
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`C.F.R. § 10.40(a). Further, Patent Owner believes that granting this motion will not
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`hinder the economy, the integrity of the patent system, the efficient administration of
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`the Office, or the ability of the Office to timely complete this proceeding. See 35
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`U.S.C. § 316(b).
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`III. PETITIONER DOES NOT OPPOSE THIS MOTION
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`Petitioner has indicated that it does not oppose the requested withdrawal and
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`substitution of counsel for Patent Owner.
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`IV. CONCLUSION
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`Patent Owner respectfully requests that the Board grant its motion to (i)
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`authorize withdrawal of Mr. Popovski as its lead counsel and of Mr. Ginsberg as
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`Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`backup counsel; and (ii) permit the designation of Walter E. Hanley, Jr. (Reg. No.
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`Paper No. 23
`Filed: September 22, 2015
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`28,720) as its lead counsel. Upon grant of this motion, Patent Owner’s new lead
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`counsel will promptly file Amended Patent Owner’s Mandatory Notices.
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`Date: September 22, 2015
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`Proposed New Lead Counsel
`for Patent Owner
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`Lead Counsel for Patent Owner:
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`Respectfully submitted,
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`___/Lewis V. Popovski/______
`Lewis V. Popovski,
`Registration No. 37,423
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`___/Walter E. Hanley, Jr./______
`Walter E. Hanley, Jr.
`Registration No. 28,720
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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`Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`Certificate of Service
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`Paper No. 23
`Filed: September 22, 2015
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`The undersigned hereby certifies that the foregoing PATENT OWNER’S
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`UNOPPOSED MOTION FOR WITHDRAWAL AND SUBSTITUTION OF
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`COUNSEL was served via e-mail on September 22, 2015, in its entirety on the
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`following:
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`LEAD COUNSEL
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`Andrew R. Sommer
`asommer@winston.com
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, D.C. 20006-3817
`T: (202) 282-5000; F: (202) 282-5100
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`BACKUP COUNSEL
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`Jonathan E. Retsky
`jretsky@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`T: (312) 558-3791; F: (312) 558-5700
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`KENYON & KENYON LLP
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` /David J. Kaplan/
`David J. Kaplan
`Reg. No. 57,117
`Attorney for Patent Owner
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`Date: September 22, 2015
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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`4
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