`Patent No. 7,128,988
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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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`TDK CORPORATION,
`Petitioner,
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`v.
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`LAMBETH MAGNETIC STRUCTURES, LLC,
`Patent Owner.
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`Case No. IPR2016-00013
`Patent No. 7,128,988
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`PATENT OWNER’S MOTION TO WITHDRAW AS COUNSEL AND
`SUBSTITUTE NEW COUNSEL
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`STATEMENT OF PRECISE RELIEF REQUESTED
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`Case No. IPR2016-00013
`Patent No. 7,128,988
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`I.
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`Pursuant to 37 C.F.R. § 42.10, Patent Owner Lambeth Magnetic Structures,
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`LLC (“Lambeth”) respectfully requests that the Patent Trial and Appeal Board
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`(“the Board”) authorize the withdrawal of its current counsel, Orville R. Cockings,
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`Dr. Gregory J. Gonsalves, Stephen F. Roth, and Alexander Solo and the
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`substitution of new counsel David C. Radulescu, Ph.D. and Joseph M. Mercadante.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR
`SUBSTITUTION OF COUNSEL
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`Orville R. Cockings, Dr. Gregory J. Gonsalves, Stephen F. Roth, and
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`Alexander Solo were appointed by Patent Owner Lambeth as its attorneys for the
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`above-captioned inter partes review. Lambeth now requests that the current
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`designated counsel be allowed to withdraw from the present proceeding, and that
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`new counsel listed below be substituted to represent Lambeth in this proceeding.
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`Lead Counsel:
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`David C. Radulescu, Ph.D.
`Registration No. 36,250
`david@radulescullp.com
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`RADULESCU LLP
`350 Fifth Avenue, Suite 6910
`New York, NY 10118
`Telephone: (646) 502-5950
`Facsimile: (646) 502-5959
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`Back-Up Counsel:
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`Joseph M. Mercadante
`Registration No. 64,077
`joseph@radulescullp.com
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`RADULESCU LLP
`350 Fifth Avenue, Suite 6910
`New York, NY 10118
`Telephone: (646) 502-5950
`Facsimile: (646) 502-5959
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`No extensions of time will be sought by Substitute Counsel upon grant of
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`this Motion. It is believed that granting this Motion will not hinder the economy,
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`Case No. IPR2016-00013
`Patent No. 7,128,988
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`the integrity of the patent system, the efficient administration of the Office, or the
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`ability of the Office to timely complete this proceeding. See 35 U.S.C. § 316(b).
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`David C. Radulescu, Ph.D. meets the requirements of 37 C.F.R. § 42.10(c)
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`as lead counsel and is a registered practitioner. In addition, David C. Radulescu,
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`Ph.D. and Joseph M. Mercadante have read and intend to comply with the Office
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`Patent Trial Practice Guide and the Board's Rules of Practice for Trials, as set forth
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`in Part 42 of the C.F.R.
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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).
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`III. PETITIONER DOES NOT OBJECT TO THE SUBSTITUTION
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`Counsel for Petitioner has indicated that it does not oppose the requested
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`withdrawal and substitution of counsel for Patent Owner.
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`IV. CONCLUSION
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`Patent Owner Lambeth respectfully requests that the Board grant its motion
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`to authorize the withdrawal of counsel and substitution of new counsel. As
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`requested by the Board, a new Power of Attorney and Amended Mandatory Notice
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`Information are attached.
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`Date: March 22, 2016
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`Case No. IPR2016-00013
`Patent No. 7,128,988
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`Respectfully submitted,
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`/Orville R. Cockings/
`Orville R. Cockings
`Registration No. 42,424
`ocockings@lernerdavid.com
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`LERNER, DAVID, LITTENBERG,
`KRUMHOLZ & MENTLIK, LLP
`600 South Avenue West
`Westfield, New Jersey 07090
`Telephone: (908) 654-5000
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`Case No. IPR2016-00013
`Patent No. 7,128,988
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Motion to Withdraw as Counsel and Substitute New Counsel and the
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`associated Power of Attorney documents were served via email on March 22, 2016
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`on the attorneys for the Petitioner:
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`Lead Counsel:
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`Hector Gallegos
`Registration No. 40,614
`hgallegos@mofo.com
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`MORRISON & FOERSTER, LLP
`200 Pennsylvania Avenue, NW Suite
`6000
`Washington, D.C. 20006-1888
`Telephone: (202) 887-6920
`Facsimile: (202) 887-0763
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`Back-Up Counsel:
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`Jonathan Bockman
`Registration No. 45,640
`jbockman@mofo.com
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`MORRISON & FOERSTER, LLP
`1650 Tysons Boulevard, Suite 400
`McLean, VA 22102-4220
`Telephone: (703) 760-7769
`Facsimile: (703) 760-7777
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`/Orville R. Cockings/
`Orville R. Cockings
`Registration No. 42,424
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