`––––––––––
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`––––––––––
`APPLE INC. and FITBIT, INC.,
`Petitioners,
`v.
`VALENCELL, INC.,
`Patent Owner.
`––––––––––
`Case No. IPR2017-00319
`––––––––––
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`PETITIONER FITBIT, INC.’S
`UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL
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`SMRH:4833-3139-9625.1
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`
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`IPR2017-00319
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`I.
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`STATEMENT OF RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10, Petitioner respectfully requests that the Board
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`authorize the practitioners associated with Sheppard, Mullin, Richter & Hampton,
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`LLP to withdraw from this proceeding. The Board authorized the filing of this
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`motion in e-mail dated September 1, 2020.
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`II.
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`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`AUTHORIZE WITHDRAWAL OF COUNSEL
`On September 1, 2020, Petitioner filed a power of attorney appointing Quinn
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`Emanuel Urquhart & Sullivan, LLP as its attorneys. Quinn Emanuel represented
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`Petitioner on appeal to the Federal Circuit in this proceeding. Concurrent with the
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`filing of the power of attorney, Petitioner submitted updated mandatory notices
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`designating James M. Glass (Reg. No. 46,729) as lead counsel and Ogi Zivojnovic
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`(Reg. No. 69,516) as backup counsel. Petitioner’s new counsel meet the
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`requirements of 37 C.F.R. § 42.10(c) as lead counsel and registered practitioners.
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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, Petitioner 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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`SMRH:4833-3139-9625.1
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`IPR2017-00319
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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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`III. PATENT OWNER DOES NOT OBJECT TO THIS WITHDRAWAL
`Patent Owner does not oppose the requested withdrawal of the practitioners
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`associated with Sheppard, Mullin, Richter & Hampton, LLP.
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`IV. CONCLUSION
`Petitioner respectfully requests that the Board grant its motion to authorize
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`the practitioners associated with Sheppard, Mullin, Richter & Hampton, LLP to
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`withdraw from this proceeding.
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`Date: September 2, 2020
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`Respectfully Submitted,
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` /Harper Batts/
`Harper Batts (Reg. No. 56,160)
`hbatts@sheppardmullin.com
`Chris Ponder (Reg. No. 77,167)
`cponder@sheppardmullin.com
`Sheppard Mullin Richter & Hampton LLP
`379 Lytton Avenue
`Palo Alto, CA 94301
`T: (650) 815-2600
`F: (650) 815-2601
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`James M. Glass (Reg. No. 46,729)
`jimglass@quinnemanuel.com
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Floor
`New York, NY 10010
`T: (212) 849-7000
`F: (212-849-7100
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`SMRH:4833-3139-9625.1
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`Counsel for Petitioner
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`IPR2017-00319
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on September 1, 2020, a complete copy of
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`the foregoing Petitioner Fitbit, Inc.’s Unopposed Motion for Withdrawal of Counsel
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`was served via email to all parties to this proceeding at the addresses indicated:
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`FOR PATENT OWNER:
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`Justin B. Kimble
`JKimble-IPR@bcpc-law.com
`Nicholas C. Kliewer
`nkliewer@bcpc-law.com
`Bragalone Conroy PC
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`Date: September 2, 2020
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` /Chris Ponder/
`Chris Ponder
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`SMRH:4833-3139-9625.1
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