From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Trials
`Rodkey, Kevin; Trials
`Lori Gordon; Rob Sokohl; Richard M. Bemben; PTAB Account; Arner, Erika; Goldberg, Joshua; Emsley, Rachel;
`Bell, Cory; Trading-Tech-CBM; tt-patent-cbm@tradingtechnologies.com; gannon@mbhb.com;
`sigmond@mbhb.com; kurcz@mbhb.com; PTAB Account
`RE: CBM2016-00009 - Request for Board Call
`Tuesday, November 15, 2016 10:21:11 AM
`
`Counsel,
`
`Patent Owner is authorized to file a listing identifying the portions of the Petitioner’s Reply that allegedly
`raise new arguments for the first time. The listing may only identify the portions by page and line number
`of the Petitioner’s Reply. No other arguments or other substantive comments may be included. Patent
`Owner’s listing must be filed no later than November 22, 2016.
`
`Likewise, Petitioner is authorized to send a listing identifying where the alleged new arguments were first
`raised in the record. The listing may only identify portions of the record by paper, page and line number.
`No other arguments or other substantive comments may be included. Petitioner’s listing must be filed no
`later than November 30, 2016.
`
`The listings should reference this authorization. No conference call will be held.
`
`Thanks,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`
`
`From: Rodkey, Kevin [mailto:Kevin.Rodkey@finnegan.com]
`Sent: Monday, November 14, 2016 11:09 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Lori Gordon <LGORDON@skgf.com>; Rob Sokohl <RSOKOHL@skgf.com>; Richard M. Bemben
`<RBEMBEN@skgf.com>; PTAB Account <PTAB@skgf.com>; Arner, Erika
`<erika.arner@finnegan.com>; Rodkey, Kevin <Kevin.Rodkey@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; Emsley, Rachel <Rachel.Emsley@finnegan.com>; Bell, Cory
`<Cory.Bell@finnegan.com>; Trading-Tech-CBM <Trading-Tech-CBM@finnegan.com>; tt-patent-
`cbm@tradingtechnologies.com; gannon@mbhb.com; sigmond@mbhb.com; kurcz@mbhb.com;
`PTAB Account <PTAB@skgf.com>
`Subject: CBM2016-00009 - Request for Board Call
`
`Your Honors,
`
`Patent Owner respectfully requests a call with the Board to seek authorization to file a motion to
`strike Petitioners’ Reply because of new arguments improperly raised for the first time in a Reply
`brief, including at least at Sections IV.A.1.b, IV.A.3, and part of IV.A.2 of the Reply.
`
`Patent Owner has conferred with Petitioners, and Petitioners oppose this request. The parties are
`
`

`

`available for the call Tuesday, November 15, between 2:00 and 3:30pm Eastern, or Wednesday,
`November 16, at any time.
`
`Regards,
`Kevin Rodkey
`Back-up counsel for Patent Owner
`
`Kevin Rodkey
`Attorney at Law
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`271 17th Street, NW, Suite 1400
`Atlanta, GA 30363-6209
`+1.404.653.6484 | fax 404.653.6444 | kevin.rodkey@finnegan.com | www.finnegan.com
`
`
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`
`