`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`CRESTRON ELECTRONICS, INC.
`Petitioner,
`
`v.
`
`INTUITIVE BUILDING CONTROLS, INC.
`Petitioner.
`
`______________
`
`Case IPR2015-01460
`Patent 6,160,359
`______________
`
`MOTION FOR WITHDRAWAL OF REPRESENTATION OF
`PETITIONER BY DAVID SHIFREN
`
`
`
`I.
`
`
`
`RELIEF REQUESTED
`
`As authorized by the Board on Fri June 26, 2015, David Shifren,
`
`respectfully files this motion to request withdrawal from further representation of
`
`Petitioner 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, David Shifren, as designated
`
`backup counsel on behalf of Petitioner in this proceeding, respectfully requests
`
`authorization from the Board to withdraw from representation of Petitioner in this
`
`2
`
`
`
`
`
`
`
`
`
`proceeding.
`
`1.
`
`Crestron Electronics Inc., assents to the withdrawal of David
`
`Shifren, as evidenced in the Power of Attorney filed concurrently herewith,
`
`which indicates that Petitioner desires to appoint Samir Termanini and Philip L.
`
`Kirkpatrick, as its attorneys in this proceeding;
`
`2.
`
`Samir Termanini, a registered practitioner (Reg. No. 56,591),
`
`hereby agrees to take steps to the extent reasonably practicable to protect
`
`Petitioner’s interests;
`
`3.
`
`Philip L. Kirkpatrick, a registered practitioner (Reg. No. 46,015),
`
`hereby agrees to take steps to the extent reasonably practicable to protect
`
`Petitioner’s interests;
`
`IV. WITHDRAWAL IS PERMITTED
`
`The facts outlined above in the Statement of Facts demonstrate that David
`
`Shifren is entitled to withdraw from representation in this proceeding; as such
`
`withdrawal can be accomplished without material adverse effect on the interests of
`
`the Petitioner. The Petitioner has assented to the termination of Mr. Shifren’s
`
`representation of the Petitioner in this proceeding, as evidenced by the Power of
`
`Attorney appointing Samir Termanini and Philip L. Kirkpatrick as Counsel for
`
`Petitioner. Further, the withdrawal will not cause prejudice to the rights of the
`
`Petitioner as Samir Termanini and Philip L. Kirkpatrick are registered practitioners
`
`3
`
`
`
`
`
`
`
`
`
`and are familiar with the underlying legal and technical issues of the instant
`
`proceedings.
`
`In light of the foregoing, it is respectfully requested that the Board grant this
`
`motion for withdrawal of representation of Petitioner in this proceeding by David
`
`Shifren.
`
`DATED: June 26, 2015
`
`Respectfully submitted,
`
`
`
`/David E. Shifren, Reg. No. 59,329/
`David E. Shifren
`15 Volvo Drive
`Rockleigh, NJ 07647-2507
`201.767.3400 ext.
`201.768.7289 (fax)
`stermanini@crestron.com
`
`
`
`
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §42.6(e), the undersigned certifies that on June 26,
`
`2015, a copy of the forgoing was provided via United Parcel Service (UPS
`
`Tracking Number 1Z2FY5730295642980), costs prepaid, to Patent Owner at the
`
`official correspondence address shown in PAIR, as follows:
`
`
`
`HEWLETT-PACKARD COMPANY
`Intellectual Property Administration
`3404 E. Harmony Road
`Mail Stop 35
`FORT COLLINS CO 80528
`
`
`
`DATED: June 26, 2015
`
`Respectfully submitted,
`
`
`
`/David E. Shifren, Reg. No. 59,329/
`David E. Shifren
`Crestron Electronics, Inc.
`15 Volvo Drive
`Rockleigh NJ 07647-2507
`Telephone: 201-767-3400
`Email: patents@crestron.com
`Fax: 201-768-7289
`
`
`
`
`5
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
