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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MERRILL COMMUNICATIONS LLC d/b/a MERRILL CORPORATION,
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`Petitioner,
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`v.
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`E-NUMERATE SOLUTIONS, INC.,
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`Patent Owner.
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`Patent No. 8,185,816
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`Issue Date: May 22, 2012
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`Case: IPR2018-01392
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`Title:
`COMBINING REUSABLE DATA MARKUP LANGUAGE DOCUMENTS
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`UNOPPOSED MOTION TO WITHDRAW
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`The Board authorized Petitioner Merrill Communications LLC (“Merrill”) to
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`file the instant motion on July 24, 2019, via email to all counsel. Petitioner
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`requests that the Board withdraw the appearances of Katherine J. Rahlin and Adam
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`R. Steinert as counsel for Merrill. Petitioner also wishes to withdraw its
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`participation in the IPR proceedings. The related civil action in the U.S. District
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`Court for the District of Delaware, captioned e-Numerate Solutions, Inc., and e-
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`Numerate, LLC, v. Mattress Firm Holding Corp., Merrill Communications LLC,
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`and Merrill Corp., No. 1:17-cv-00933, has been dismissed, as Patent Owner’s
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`infringement allegations are no more extensive than what is covered by the United
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`States of America’s (“Government”) authorization and consent.
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`Since dismissal of its lawsuit against Petitioner, Patent Owner filed a lawsuit
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`against the United States of America in the Court of Federal Claims, captioned e-
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`Numerate Solutions, Inc. et al v. The United States of America, No. COFC-1-19-
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`cv-00859, alleging infringement of the ’816 patent. The Government has indicated
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`that it will indemnify Merrill for any claim of infringement of the ’816 patent.
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`Therefore, Petitioner Merrill wishes to withdraw its counsel from IPR2018-01394,
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`as well as withdraw its participation in the IPR proceedings. Patent Owner does
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`not oppose this motion.
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`-1-
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`Dated: July 25, 2019
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`Respectfully submitted,
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`/s/ Katherine J. Rahlin
`Katherine J. Rahlin
`Registration No. 75,181
`Fredrikson & Byron, P.A.
`200 South Sixth Street, Suite 4000
`Minneapolis, MN 55402-1425
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`-2-
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Motion was
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`filed via PTAB E2E and served pursuant to 37 C.F.R. § 42.6(e) via electronic mail
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`on July 25, 2019 on the following:
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`Gregory J. Gonsalves (gonsalves@gonsalveslawfirm.com)
`2216 Beacon Lane
`Falls Church, Virginia 22043
`Telephone: 571-419-7252
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`G. Andrew Gordon (andrew@agordonlawfirm.com)
`6518 Ryeworth Dr
`Frisco, TX 75035
`Telephone: 408-390-4473
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`By:
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`Dated:
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`67479237
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`/s/ Katherine J. Rahlin
`Katherine J. Rahlin
`krahlin@fredlaw.com
`Attorney for the Petitioner
`Registration No. 75,181
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`July 25, 2019
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`-3-
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