`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`PRIME FOCUS CREATIVE SERVICES CANADA INC.
`Petitioner
`
`
`
`v.
`
`LEGEND3D, INC.
`Patent Owner
`__________
`
`Case No.: IPR2016-01243
`
`
`Patent 7,907,793
`__________
`
`
`
`PATENT OWNER LEGEND3D, INC.’S MOTION FOR WITHDRAWAL
`AND SUBSTITUTION OF COUNSEL
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`4323383_1.docx
`
`
`
`Case IPR2016-01243
`
` Patent 7,907,793
`
`I.
`
`37 C.F.R. §42.10 – STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10, Patent Owner respectfully requests that the
`
`Board authorize withdrawal of Joseph J. Mayo of ARC IP Law, PC as lead counsel,
`
`and Danna J. Cotman of ARC IP Law, PC as backup counsel in this matter.
`
`II.
`
`
`
`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
`
`On July 12, 2016, Patent Owner submitted its Power of Attorney for Petition
`
`for Inter Partes Review, appointing Joseph J. Mayo and Danna J. Cotman as its
`
`counsel in the above-captioned inter partes review. (Paper 5). For good cause,
`
`Patent Owner requests that the current designated counsel be deemed withdrawn
`
`from the present proceeding, and new counsel, Daniel N. Yannuzzi and Trevor J.
`
`Quist be designated lead, back-up counsel, respectively, to represent Patent Owner
`
`in this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`4323383_1.docx
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-01243
`
` Patent 7,907,793
`
`Patent Owner’s new counsel meet the requirements of 37 C.F.R. § 42.10(c)
`
`as lead counsel and registered practitioners.
`
`In identifying and designating new counsel who are ready and able to take
`
`over the representation, reasonable steps have been taken to “avoid foreseeable
`
`prejudice to the rights of the client, including giving due notice to his or her client,
`
`[and] allowing time for employment of another practitioner.” See 37 C.F.R. §
`
`10.40(a). Further, Patent Owner believes that granting this motion will not hinder
`
`the economy, the integrity of the patent system, the efficient administration of the
`
`Office, or the ability of the Office to timely complete this proceeding. See 35
`
`U.S.C. § 316(b).
`
`Patent Owner verifies that no extensions of time will be sought by Substitute
`
`Counsel.
`
`III. PETITIONER DOES NOT OBJECT TO THE SUBSTITUTION
`
`Petitioner has indicated it does not oppose the requested withdrawal and
`
`substitution of counsel for Patent Owner.
`
`4323383_1.docx
`
`3
`
`
`
`
`Case IPR2016-01243
`
` Patent 7,907,793
`
`
`
`
`
`IV. CONCLUSION
`
`Patent Owner respectfully requests that the Board grant its motion to
`
`authorize withdrawal of counsel and permit substitution of counsel. Upon grant of
`
`this motion, new counsel for Patent Owner will promptly file Amended Patent
`
`Owner’s Mandatory Notices and a Substitute Power of Attorney.
`
`
`/Daniel N. Yannuzzi/
`Daniel N. Yannuzzi, Reg. No. 36,727
`dyannuzzi@sheppardmullin.com
`Trevor J. Quist, Reg. No. 75,856
`tquist@sheppardmullin.com
`SHEPPARD MULLIN RICHTER
`& HAMPTON LLP
`12275 El Camino Real, Suite 200
`San Diego, CA 92130
`Tel.: (858) 720-8900
`Fax: (858) 509-3691
`New Counsel for Patent Owner
`
` By: /Danna J. Cotman/
`Danna J. Cotman, Cal Bar No.: 188245
`ARC IP Law, PC
`7744 Herschel Avenue
`La Jolla, CA 92037
`P. (858) 442-5877
`F. (858) 777-5425
`
` Current Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
` Dated: March 6, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: March 6, 2017
`
`By: /Joseph J. Mayo/
`Joseph J. Mayo, Reg. No.: 53288
`ARC IP Law, PC
`7744 Herschel Avenue
`La Jolla, CA 92037
`P. (858) 442-5877
`F. (858) 777-5425
`
`
`
`4
`
`4323383_1.docx
`
`
`
`
`
`
`
`Case IPR2016-01243
`
`Patent 7,907,793
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 Code of Federal Regulations § 42.6, the undersigned certifies
`that on March 6, 2017, a copy of the foregoing document was served via Electronic
`Mail on counsel of record identified below as agreed upon by the parties, and that this
`document was filed with the Patent Trial and Appeal Board via the PTAB End-to-End
`System.
`
`Joshua Glucoft, Esq.
`JGlucoft@irell.com
`Jonathan S. Kagan, Esq.
`JKagan@irell.com
`PrimeFocusIPR@irell.com
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`
`
`
`
`/Marie L. Acosta/
`
`4323383_1.docx
`
`1
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