Case 1:13-cv GBL-TRJ Document 54 Filed 03/10/14 Page 1 of 5 PageID# 318

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1 Case 1:13-cv GBL-TRJ Document 54 Filed 03/10/14 Page 1 of 5 PageID# 318 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION THE TRIZETTO GROUP, INC. Plaintiff, Case No. 1:13cv105 (GBL/TRJ v. FARMACO-LOGICA, B.V. Defendant. MOTION TO WITHDRAW AS ATTORNEYS OF RECORD Pursuant to Local Civil Rule 83.1(G, Anna Balishina Naydonov, Mark Sommers, and Naresh Kilaru respectfully request leave to withdraw their appearances on behalf of Defendant Farmaco-Logica, B.V. Defendant has expressly terminated our firm s representation of it in this case effective as of March 13, This motion is supported by the enclosed affidavit of Mark Sommers. Dated: March 10, 2014 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. By: /s/ Anna Balishina Naydonov Anna Balishina Naydonov (VSB By: /s/ Mark Sommers Mark Sommers By: /s/ Naresh Kilaru Naresh Kilaru 901 New York Avenue, N.W. Washington, DC Telephone: ( Facsimile: ( anna.naydonov@finnegan.com mark.sommers@finnegan.com naresh.kilaru@finnegan.com

2 Case 1:13-cv GBL-TRJ Document 54 Filed 03/10/14 Page 2 of 5 PageID# 319 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISON THE TRIZETTO GROUP, INC. Plaintiff, Case No. 1:13cv105 (GBL/TRJ v. FARMACO-LOGICA, B.V. Defendant. DECLARATION OF MARK SOMMERS I, Mark Sommers, declare as follows: 1. I am a partner at the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner LLP ( Finnegan. I make this declaration based on my personal knowledge. 2. My colleague Anna Balishina Naydonov entered a Notice of Appearance on behalf of Defendant Farmaco-Logica, B.V. on April 15, My colleague Naresh Kilaru and I filed motions to appear pro hac vice on behalf of Defendant on May 22, Those motions were granted on May 28, The present case is a judicial appeal from a U.S. Patent and Trademark Office decision by its administrative tribunal the Trademark Trial and Appeal Board ( TTAB in Defendant s favor finding that Defendant s registration of the trademark PHACETS had not been abandoned. The only issue in this appeal is whether the TTAB correctly determined that Defendant had not abandoned its mark and that its federal registration should not be cancelled. There are no claims of infringement. 2

3 Case 1:13-cv GBL-TRJ Document 54 Filed 03/10/14 Page 3 of 5 PageID# Our firm was retained in this matter after Plaintiff appealed the TTAB decision to a federal district court rather than appealing the trademark registrability issues at bar through existing administrative tribunal channels to the Court of Appeals for the Federal Circuit. 5. On March 9, 2014, I received a letter from Paul Kuks, Managing Director of Defendant Farmaco-Logica B.V. In that letter, Defendant terminated our firm s representation of it in this case effective as of March 13, 2014, and instructed us to withdraw. 6. I have not been advised regarding Defendant engaging any new counsel to represent it in this case. 7. Given that our firm s representation of Farmaco-Logica B.V. has been terminated, we are no longer authorized to act on its behalf. 8. In view of the above, my colleagues Naresh Kilaru and Anna Naydonov and I respectfully request that our motion to withdraw as attorneys of record be granted. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was executed on March 10, 2014, in Washington DC. /s/ Mark Sommers Mark Sommers 3

4 Case 1:13-cv GBL-TRJ Document 54 Filed 03/10/14 Page 4 of 5 PageID# 321 CERTIFICATE OF SERVICE I hereby certify that on March 10, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will then send notification of such filing to the following: Craig C. Reilly 111 Oronoco Street Alexandria, VA Telephone: Facsimile: craig.reilly@ccreillylaw.com Marc C. Levy FAEGRE BAKER DANIELS LLP 3200 Wells Fargo Center 1700 Lincoln Street, Denver, CO Telephone: marc.levy@faegrebd.com Katie A. Feiereisel FAEGRE BAKER DANIELS LLP 311 S. Wacker Drive, Suite 4400, Chicago, IL Telephone: katie.feiereisel@faegrebd.com

5 Case 1:13-cv GBL-TRJ Document 54 Filed 03/10/14 Page 5 of 5 PageID# 322 /s/anna Balishina Naydonov Mark Sommers, Esq. Naresh Kilaru, Esq. Anna Balishina Naydonov, Esq. (VSB Brian Westley, Esq. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C Telephone: Facsimile: mark.sommers@finnegan.com naresh.kilaru@finnegan.com anna.balishinanaydonov@finnegan.com brian.westley@finnegan.com Attorneys for Defendant Farmaco-Logica, B.V