throbber
Filed on behalf of Valencell, Inc.
`By:
`Justin B. Kimble (justin@nbafirm.com)
`Nelson Bumgardner Albritton PC
`3131 West 7th St., Ste. 300
`Fort Worth, TX 76107
`Tel: 817.377.9111
`Fax: 817.377.3485
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FITBIT, INC.,
`Petitioner,
`
`v.
`
`VALENCELL, INC.,
`Patent Owner.
`
`Case IPR2017-003191
`U.S. Patent No. 8,923,941
`
`
`PATENT OWNER’S MOTION TO WITHDRAW AND
`SUBSTITUTE COUNSEL UNDER 37 C.F.R. § 11.116
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`1 Case IPR2017-01555 has been joined with this proceeding.
`
`

`

`Case IPR2017-00319
`Patent 8,923,941
`I.
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. §§ 11.116 and 42.10(e), and as authorized by the Board
`
`in an e-mail dated July 2, 2021, Patent Owner Valencell, Inc. (“Patent Owner”)
`
`requests the Board withdraw Justin B. Kimble (Registration No. 58,591), who is
`
`currently Lead Counsel for Patent Owner, and substitute Daniel F. Olejko (Reg.
`
`No. 76,958) as Lead Counsel.
`
`Patent Owner has conferred with Petitioner’s counsel. Petitioner does not
`
`oppose this motion.
`
`II. STATEMENT OF REASONS FOR WITHDRAWAL
`
`Mr. Kimble is no longer associated with the law firm Bragalone Olejko Saad
`
`PC. Thus, Patent Owner wishes to remove Mr. Kimble as Lead Counsel in this
`
`proceeding.
`
`Daniel F. Olejko (Registration No. 76,958), who is currently listed as one of
`
`Patent Owner’s Back-Up Counsel, will take over as Patent Owner’s Lead Counsel,
`
`and Jeffrey R. Bragalone, T. William Kennedy, Jr., Jonathan H. Rastegar, Marcus
`
`Benavides, R. Scott Rhoades, and Sanford E. Warren, Jr. remain as Back-Up
`
`Counsel. Updated Mandatory Notices removing Mr. Kimble and designating
`
`Mr. Olejko as Lead Counsel will be filed upon the granting of the present motion.
`
`
`
`1
`
`

`

`Case IPR2017-00319
`Patent 8,923,941
`III. CONCLUSION
`
`Patent Owner respectfully requests that the Board grant its motion to authorize
`
`the withdrawal of Justin B. Kimble from this proceeding and to substitute Daniel F.
`
`Olejko as Lead Counsel in this proceeding.
`
`Dated: July 6, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Nelson Bumgardner Albritton PC
`3131 West 7th St., Ste. 300
`Fort Worth, TX 76107
`Tel: 817.377.9111
`Email: justin@nbafirm.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`

`

`Case IPR2017-00319
`Patent 8,923,941
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that document has been served via electronic
`
`mail on July 6, 2021, to Petitioner at following email addresses pursuant to
`
`Petitioner’s
`
`consent
`
`in
`
`its Updated Mandatory Notices
`
`p.
`
`1:
`
`jimglass@quinnemanuel.com;
`
`samstake@quinnemanuel.com;
`
`and
`
`ogizivojnovic@quinnemanuel.com.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` ________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Nelson Bumgardner Albritton PC
`3131 West 7th St., Ste. 300
`Fort Worth, TX 76107
`Tel: 817.377.9111
`Email: justin@nbafirm.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket