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Filed on behalf of Valencell, Inc.
`By:
`Justin B. Kimble (JKimble-IPR@bcpc-law.com)
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Tel: 214.785.6670
`Fax: 214.786.6680
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`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 September 11, 2020, Patent Owner Valencell, Inc. (“Patent
`
`Owner”) requests the Board withdraw Nicholas C. Kliewer (Registration No.
`
`72,480) and Brian P. Herrmann (Registration No. 63,145), who are currently back-
`
`up counsel for Patent Owner.
`
`Patent Owner has conferred with Petitioner’s counsel. Petitioner does not
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`oppose this motion.
`
`II. STATEMENT OF REASONS FOR WITHDRAWAL
`
`Mr. Kliewer and Mr. Herrmann are no longer associated with the law firm
`
`Bragalone Conroy PC. Thus, Patent Owner wishes to remove Mr. Kliewer and Mr.
`
`Herrmann as back-up counsel in this proceeding.
`
`Justin Kimble (Registration No. 58,591) remains as Patent Owner’s Lead
`
`Counsel, and Jeffrey R. Bragalone, T. William Kennedy, Jr., Jonathan H. Rastegar,
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`Marcus Benavides, R. Scott Rhoades, and Sanford E. Warren, Jr. remain as Back-
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`Up Counsel. Additionally, Patent Owner wishes to add Daniel F. Olejko
`
`(Registration No. 76,958), of Bragalone Conroy PC, as Back-Up counsel in this
`
`proceeding. Updated Mandatory Notices removing Mr. Kliewer and Mr. Herrmann
`
`and adding Mr. Olejko will be filed upon grant of the present motion.
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`
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`1
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`

`

`Case IPR2017-00319
`Patent 8,923,941
`
`III. CONCLUSION
`
`Patent Owner respectfully requests that the Board grant its motion to authorize
`
`the withdrawal of Nicholas C. Kliewer and Brian P. Herrmann from this proceeding
`
`and to add Daniel F. Olejko as additional Back-Up counsel in this proceeding.
`
`
`Dated: September 14, 2020
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`Respectfully submitted,
`
`________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`
`2
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`

`

`Case IPR2017-00319
`Patent 8,923,941
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that document has been served via electronic
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`mail on September 14, 2020, to Petitioner at following email addresses pursuant to
`
`ts consent in its Updated Mandatory Notices p. 1: jimglass@quinnemanuel.com;
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`samstake@quinnemanuel.com; and ogizivojnovic@quinnemanuel.com.
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` ________________________
`Justin B. Kimble
`Attorney for Patent Owner
`Registration No. 58,591
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
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`3
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