`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS, LLC
`Petitioner
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`v.
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`SYNKLOUD TECHNOLOGIES, LLC,
`Patent Owner
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`Case No. IPR 2019-01655
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`Patent No. 9,098,526
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`MOTION TO WITHDRAW FROM REPRESENTATION
`37 C.F.R. §11.116
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`Responsive to the communication from the Patent Trial and Appeal Board
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`dated August 6, 2020, and pursuant to the provisions of Rule 116 of Chapter 11 of
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`Title 37 of the Code of Federal Regulations, Steven B. Kelber, current designated
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`counsel for Patent Owner Synkloud Technologies, LLC seeks the Board’s
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`permission to withdraw from representation in this matter. As grounds for this
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`request, and consistent with Rule 116(a), Movant Steven Kelber has been
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`discharged from representation in this proceeding.
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`As provided for in Rule 116(b), Movant’s withdrawal in this matter can be
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`accomplished without material adverse effect on the interests of the client. This
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`case is part of a multiple case litigation matter that has given rise to nine IPRs to
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`date. Movant’s preexisting obligations, coupled with growing disagreements with
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`the client and litigation counsel over how best to present the evidence in support of
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`Patent Owner’s position, and the retention of experts consistent therewith, made it
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`clear that alternate counsel that might better represent the Patent Owner would be
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`of value.
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`No action was taken until alternate experienced counsel, Dr. Greg
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`Gonsalves, was located who had the time and interest to undertake the
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`representation required was secured. Movant Steven Kelber spoke with Dr.
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`Gonsalves repeatedly, and confirmed that in fact Dr. Gonsalves was experienced,
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`able and prepared to represent Patent Owner’s interests. A power of attorney and
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`Amended Mandatory Notice designating Dr. Gonsalves as lead counsel has already
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`been filed.
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`In this matter, Petitioner’s Reply to Patent Owner’s Response is the next
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`paper due, and is due on September 4, 2020. There are no outstanding discovery
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`disputes, no pending depositions or other actions contemplated at this time. All
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`files and records in this matter have been maintained electronically, and made
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`available to Dr. Gonsalves, but as noted Movant has discussed the matter with Dr.
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`Gonsalves, and will provide any additional information consistent with the
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`obligations provided for. Movant holds no property, resources or funds from or on
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`behalf of Patent Owner. Accordingly, Movant submits that the requirements of 37
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`C.F.R. §11.116(d) have been fully satisfied.
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`Should this Board identify other actions to be taken or to be refrained from
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`taking in this matter, Movant Steven B. Kelber will undertake those actions to the
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`best of his ability.
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`Date: August 7, 2020
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`Respectfully submitted,
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`/s/ Steven B. Kelber
`Steven B. Kelber
`240-506-6702
`steve@kelberlawgroup.com
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