`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`LG ELECTRONICS, INC. and
`LG ELECTRONICS U.S.A., INC.,
`Petitioners,
`
`v.
`
`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA CORPORATION,
`Patent Owner.
`
`________________________
`
`Case IPR2015-01653
`Patent No. RE43,106
`________________________
`
`
`
`
`PATENT OWNER’S MOTION FOR WITHDRAWAL AND
`SUBSTITUTION OF COUNSEL
`
`
`
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`PO’s Motion for Withdrawal and Substitution of Counsel
`Patent No. RE43,106
`Case IPR2015-01653
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`
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`STATEMENT OF RELIEF REQUESTED
`
`I.
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`Pursuant to 37 C.F.R. § 42.10, Patent Owner Toshiba Samsung Storage
`
`Technology Korea Corporation respectfully requests that the Board authorize the
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`withdrawal of Alan A. Limbach and Brent K. Yamashita of DLA Piper LLP as its
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`counsel, and the appointment of Joseph A. Rhoa of Nixon & Vanderhye P.C. as
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`lead counsel and Jonathan Roberts of Nixon & Vanderhye P.C. as back-up counsel
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`in this matter.
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`II. STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`On August 21, 2015, Patent Owner submitted its Mandatory Notices under
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`37C.F.R. §§ 42.8(a)(2) and 42.8(b) , appointing Alan A. Limbach and Brent K.
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`Yamashita of DLA Piper LLP as its counsel in the above-captioned inter partes
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`review. For good cause, Patent Owner now requests that the current designated
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`counsel be deemed withdrawn from the present proceeding, and new counsel,
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`Joseph A. Rhoa of Nixon & Vanderhye P.C. and Jonathan Roberts of Nixon &
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`Vanderhye P.C. be designated as lead and back-up counsel, respectively, to
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`represent Patent Owner in this proceeding.
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`Patent Owner’s new counsel meet the requirements of 37 C.F.R. § 42.10(c)
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`as lead counsel and registered practitioners.
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`1
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`PO’s Motion for Withdrawal and Substitution of Counsel
`Patent No. RE43,106
`Case IPR2015-01653
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`In identifying and designating new counsel who are ready and able to take
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`over the representation, reasonable steps have been taken 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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`[and] allowing time for employment of another practitioner.” See 37 C.F.R. §
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`10.40(a). Further, Patent Owner believes that granting this motion will not hinder
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`the economy, the integrity of the patent system, the efficient administration of the
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`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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`Patent Owner verifies that no extensions of time will be sought by Substitute
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`Counsel.
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`III. PETITIONER DOES NOT OBJECT TO THE SUBSTITUTION
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`Petitioners LG Electronics, Inc. and LG Electronics U.S.A., Inc. have
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`indicated they do not oppose the requested withdrawal and substitution of counsel
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`for Patent Owner.
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`2
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`PO’s Motion for Withdrawal and Substitution of Counsel
`Patent No. RE43,106
`Case IPR2015-01653
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`Respectfully submitted,
`
` /s/ Alan Limbach
`Registration No. 39,749
`DLA PIPER LLP (US)
`2000 University Avenue
`East Palo Alto, CA 94303-2215
`Telephone:
`650.833.2433
`Facsimile: 650.687.1182
`
`Attorneys for Patent Owner
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`
`
`Dated: March 15, 2016
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`3
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`PO’s Motion for Withdrawal and Substitution of Counsel
`Patent No. RE43,106
`Case IPR2015-01653
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing Patent
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`Owner’s Motion for Withdrawal and Substitution of Counsel was served on
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`Petitioners LG Electronics, Inc. and LG Electronics, U.S.A., Inc. by emailing a
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`copy to counsel at the email addresses listed below:
`
`Brian A. Tollefson
`Michael V. Battaglia
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`btollefson@rothwellfigg.com
`mbattaglia@rothwellfigg.com
`lge-rfem-106team@rothwellfigg.com
`
`
`Dated: March 15, 2016
`
` /s/ Alan Limbach
`Registration No. 39,749
`DLA PIPER LLP (US)
`2000 University Avenue
`East Palo Alto, CA 94303-2215
`Telephone:
`650.833.2433
`Facsimile: 650.687.1182
`
`Attorneys for Patent Owner
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