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` Date filed: March 4, 2016
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`Filed on behalf of: LG Electronics, Inc. and
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` LG Electronics U.S.A., Inc.
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`By: Brian A. Tollefson, Lead Counsel
`Michael V. Battaglia, Back-up Counsel
`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: btollefson@rothwellfigg.com
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` mbattaglia@rothwellfigg.com
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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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`LG ELECTRONICS, INC. and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner,
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`v.
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`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2015-01653
`Patent RE43,106
`_______________
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`PETITIONERS’ MOTION TO WITHDRAW COUNSEL
`PURSUANT TO 37 C.F.R. § 42.10(e)
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`Pursuant to 37 C.F.R. § 42.10(e), LG Electronics, Inc. and LG Electronics
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`Case IPR2015-01653
`Patent RE43,106
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`U.S.A., Inc. (collectively, “Petitioners”) hereby move to withdraw Jason M.
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`Shapiro (Reg. No. 35,354) as lead counsel in the Inter Partes Review of U.S.
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`Patent No. RE43,106. Petitioners move to withdraw Mr. Shapiro because he is no
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`longer associated with Rothwell, Figg, Ernst & Manbeck, P.C. (“RFEM”), the firm
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`which represents the Petitioners in this case. The Patent Owner does not oppose
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`this motion, and, in compliance with 37 C.F.R. § 42.20(b), Petitioners received
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`Board authorization to file this motion on February 29, 2016.
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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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`Petitioners will not be prejudiced by the withdrawal of Mr. Shapiro at least
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`because:
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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 Petitioners in this case,
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`(ii) Petitioners designate Brian A. Tollefson (Reg. No. 46,338), an RFEM
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`attorney already familiar with the case, to replace Mr. Shapiro as lead
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`2
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`counsel for Petitioners in this case and are concurrently submitting
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`Case IPR2015-01653
`Patent RE43,106
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`updated mandatory notices pursuant to 37 C.F.R. § 42.8(b)(3),
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`identifying Mr. Tollefson as lead counsel, and
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`(iii) Michael V. Battaglia (Reg. No. 64,932) will remain as backup counsel
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`for Petitioners in this case.
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`Respectfully submitted,
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`By:
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`/ Michael V. Battaglia /
`Brian A. Tollefson, Reg. No. 46,338
`Michael V. Battaglia, Reg. No. 64,932
`ROTHWELL, FIGG, ERNST &
` MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040 | Fax: 202-783-6031
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`Counsel for Petitioners LG Electronics, Inc.
`and LG Electronics U.S.A.
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`Date: March 4, 2016
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`3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 4th day of March, 2016, a true and correct copy
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`Case IPR2015-01653
`Patent RE43,106
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`of the foregoing PETITIONERS’ MOTION TO WITHDRAW COUNSEL
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`PURSUANT TO 37 C.F.R. § 42.10(e) was served, via electronic mail upon the
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`following counsel for Patent Owner Toshiba Samsung Storage Technology Korea
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`Corporation:
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`Alan A. Limbach, Esq.
`Brent K. Yamashita, Esq.
`DLA PIPER LLP (US)
`2000 University Avenue
`East Palo Alto, CA 94303
`Telephone: 650-833-2348
`Facsimile: 650-687-1206
`Emails: alan.limbach@dlapiper.com
`brent.yamashita@dlapiper.com
`tsst-dla-team@dlapiper.com
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`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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`4