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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`C&D ZODIAC, INC.
`Petitioner,
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`v.
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`B/E AEROSPACE, INC.
`Patent Owner.
`___________________
`
`
`Case IPR2017-01274
`Patent 9,365,292
`___________________
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`PATENT OWNER B/E AEROSPACE INC.'S MOTION FOR
`WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`10373796
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`10373796
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`I.
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`37 C.F.R. § 42.10 – STATEMENT OF RELIEF REQUESTED
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`Pursuant to 37 C.F.R. 42.10, Patent Owner B/E Aerospace, Inc.
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`respectfully requests that the Board authorize withdrawal of Andrei Iancu as
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`lead counsel in this matter, and further withdraw Mr. Iancu as counsel of
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`record.
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`STATEMENT SHOWING GOOD CAUSE FOR THE BOARD TO
`II.
`AUTHORIZE WITHDRAWAL AND SUBSTITUTION OF COUNSEL
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`
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`On May 4, 2017, Patent Owner submitted its Power of Attorney
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`appointing Andrei Iancu and Benjamin Haber as its counsel in the above-
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`captioned Inter Partes Review (Paper 4). Patent Owner subsequently added
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`Michael R. Fleming as additional backup counsel in its Updated Mandatory
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`Notice filed August 15, 2017 (Paper 9).
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`For good cause, patent owner requests that Andrei Iancu be deemed
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`withdrawn from the present proceeding, and Michael R. Fleming (Reg. No.
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`67,933) be re-designated as Lead Counsel. Benjamin Haber (Reg. No.
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`67,129) will remain as First Backup Counsel. The good cause includes, for
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`example, that Mr. Iancu will be leaving the firm representing B/E Aerospace.
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`Reasonable steps have been taken to avoid any foreseeable prejudice to
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`the rights of the Patent Owner, including giving due notice thereto. Patent
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`Owner agrees that Mr. Iancu’s withdrawal from this matter is in their best
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`interest at this time. Further granting this motion will not hinder the economy,
`Case IPR2017-01274
`U.S. Patent 9,365,292
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`- 1 -
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`the integrity of the patent system, the efficient administration of the Office, or
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`the ability of the Office to timely complete this proceeding. The remaining
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`counsel of record from Irell and Manella, whom have prosecuted this IPR to-
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`date, will remain counsel of record.
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`III. PETITIONER DOES NOT OBJECT TO THE SUBSTITUTION
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`Petitioner has indicated it does not oppose the requested withdrawal
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`and re-designation of counsel for Patent Owner.
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`Dated: October 27, 2017
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`10373796
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`Respectfully submitted,
`/s/ Benjamin Haber
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`Benjamin Haber, Reg. No. 67,129
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`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Telephone: (310) 277-1010
`Fax: (310) 203-7199
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`Attorneys for Patent Owner
`B/E Aerospace, Inc.
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`- 2 -
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`Case IPR2017-01274
`U.S. Patent 9,365,292
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on October 27,
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`2017, a copy of the foregoing document was served upon the following, by email to
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`Zodiac-BE-IPR@kilpatricktownsend.com:
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`
`
`John C. Alemanni
`KILPATRICK TOWNSEND & STOCKTON LLP
`4208 Six Forks Road, Ste. 1400
`Raleigh NC 27609
`
`Dean W. Russell
`David A. Reed
`Michael T. Morlock
`Andrew Rinehart
`KILPATRICK TOWNSEND & STOCKTON LLP
`1100 Peachtree St., NE, Ste. 2800
`Atlanta GA 30309-4528
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`Andrew Rinehart
`KILPATRICK TOWNSEND & STOCKTON LLP
`1001 W. Fourth St.
`Winston-Salem NC 27101-2400
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`/Susan M. Langworthy/
` Susan M. Langworthy
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`- 3 -
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`Case IPR2017-01274
`U.S. Patent 9,365,292
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`10373796
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