`
`___________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MPH TECHNOLOGIES OY,
`Patent Owner.
`____________
`
`Case IPR2019-00820
`Patent 7,937,581
`
`___________________________
`
`PETITIONER’S MOTION TO WITHDRAW CURRENT
`COUNSEL AND SUBSTITUTE NEW COUNSEL
`
`
`
`
`I.
`
`
`
`Petitioner’s Motion to Withdraw Current Counsel and Substitute New Counsel
`
`
`
`
`IPR2019-00820 – Patent No. 7,937,581
`
`
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. §42.10(e), Petitioner, Apple Inc., respectfully requests
`
`that the Board authorize the withdrawal of its current counsel, Michael D. Specht,
`
`Daniel S. Block and Timothy L. Tang and substitute new counsels David W. O’Brien
`
`and Andrew S. Ehmke. Petitioner’s new counsel has conferred with Patent Owner’s
`
`counsel, who has indicated that Patent Owner will not oppose this Motion. The
`
`Board authorized the filing of the present motion in an October 12, 2022 e-mail.
`
`II.
`
`STATEMENT OF REASONS FOR WITHDRAWAL OF COUNSEL
`
`Michael D. Specht (Reg. No. 54,463), Daniel S. Block (Reg. No. 68,395) and
`
`Timothy L. Tang (Reg. No. 75,187) were appointed by Petitioner as its attorneys for
`
`the present inter partes review proceeding. Petitioner requests that the current
`
`designated counsel be allowed to withdraw from the present proceeding and David
`
`W. O’Brien (Reg. No. 40,107) be substituted as lead counsel and Andrew S. Ehmke
`
`(Reg. No. 50,271) be substituted as back-up counsel. Each of Petitioner’s new
`
`counsel is an attorney at Haynes and Boone, LLP and meets the requirements of 37
`
`C.F.R. § 42.10(c) as registered practitioners.
`
`There are no present deadlines in the proceeding, though the case has been
`
`remanded the Board by the Court of Appeals for the Federal Circuit and the Court’s
`
`mandate should issue shortly. Petitioner does not expect that this substitution will
`
`cause any delay in the proceeding or prejudice to the Patent Owner in any way.
`
`
`
`2
`
`
`
`Petitioner’s Motion to Withdraw Current Counsel and Substitute New Counsel
`IPR2019-00820 – Patent No. 7,937,581
`
`III. CONCLUSION
`
`Petitioner respectfully requests that the Board grant this motion to authorize the
`
`withdrawal of counsel and substitution of new counsel.
`
`Dated: October 12, 2022
`
`Respectfully submitted,
`
`By /Michael D. Specht/
`Michael D. Specht (Reg. No. 54,463)
`STERNE, KESSLER,
`GOLDSTEIN & FOX
`1100 New York Avenue, N.W.
`Washington, D.C., 20005
`Phone number (202) 371-2600
`Facsimile (202) 371-2540
`
`3
`
`
`
`Petitioner’s Motion to Withdraw Current Counsel and Substitute New Counsel
`IPR2019-00820 – Patent No. 7,937,581
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6, that service
`was made on counsel for the Patent Owner as detailed below.
`Date of service: October 12, 2022
`
`Manner of service: Electronic Mail: jim@carmichaelip.com; MPH-
`IPRs@carmichaelip.com
`
`Documents served: Petitioner’s Motion to Withdraw Current Counsel and
`Substitute New Counsel
`
`Persons served: James T. Carmichael
`Stephen T. Schreiner
`Carmichael IP, PLLC
`8000 Towers Crescent Drive, 13th Floor
`Tysons, VA 22182
`
`Kenneth J. Weatherwax
`Patrick Maloney
`Jason C. Linger
`Lowenstein & Weatherwax LLP
`1880 Century Park East, Suite 815
`Los Angeles, CA 90067
`
`Christopher J. Lee
`Richard B. Megley
`Brian E. Haan
`Ashley E. LaValley
`Lee Sheikh Megley & Haan LLC
`111 West Jackson Boulevard, Suite 2230
`Chicago, IL 60604
`
`Date: October 12, 2022
`
`Respectfully submitted,
`
`By: /Michael D. Specht/
`Michael D. Specht
`Registration No. 54,463
`
`4
`
`
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