From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Berniker, Jessamyn
`Thursday, April 16, 2015 7:08 PM
`'Trials'; 'Michael L. Kiklis'
`'CP Docket Kiklis'; 'CPDocketRicciuti'; 'CP Docket Cappaert'; Berl, David; Suarez,
`Christopher; Berniker, Jessamyn; Fletcher, Thomas
`RE: IPR2014-00687; 00688; 00689
`
`Dear Board Members,
`
`Patent Owner’s proposed change is not “typographical”; the witness’s original statement was not signed under
`oath. The filing (rather than mere service) of a “corrected” declaration with a newly added oath is a submission
`of “supplemental information” under 37 C.F.R. 42.123(b). Under that provision, Patent Owner is required to file
`a motion showing “why the supplemental information reasonably could not have been obtained earlier, and that
`consideration of the supplemental information would be in the interests-of-justice.” Patent Owner has not
`attempted to make that showing, and Petitioner has no reason to believe it can meet that standard.
`
`Respectfully submitted,
`
`Jessamyn Berniker
`Counsel for Petitioner
`
`Williams & Connolly LLP
`202-434-5474
`JBerniker@wc.com
`
`
`
`
`
`-----Original Message-----
`From: Trials [Trials@USPTO.GOV]
`Sent: Thursday, April 16, 2015 03:31 PM Eastern Standard Time
`To: Michael L. Kiklis; Trials
`Cc: CP Docket Kiklis; CPDocketRicciuti; CP Docket Cappaert; Berl, David; Berniker, Jessamyn; Suarez,
`Christopher
`Subject: RE: IPR2014-00687; 00688; 00689
`
`Counsel:
`
`
`Petitioner should explain in an email to the Board and cc’ing Patent Owner, in one paragraph
`of 100 words or less why they oppose this request.
`
`
`Thank you,
`
`
`Maria Vignone
`Paralegal Operations Manager
`Patent Trial and Appeal Board
`
`1
`
`PGS Exhibit 1119, pg. 1
`PGS v. WesternGeco (IPR2014-00688)
`
`

`
`571-272-4645
`
`
`
`
`From: Michael L. Kiklis [mailto:MKiklis@oblon.com]
`Sent: Wednesday, April 15, 2015 4:35 PM
`To: Trials
`Cc: CP Docket Kiklis; CPDocketRicciuti; CP Docket Cappaert; dberl@wc.com; Berniker, Jessamyn (JBerniker@wc.com);
`CSuarez@wc.com
`Subject: IPR2014-00687; 00688; 00689
`
`
`
`
`Trials,
`
`
`The Patent Owner noticed a typographical omission in Ex. 2077 of each Patent Owner Response in the above-noted IPRs
`and now seeks permission from this Board to fix the error by filing corrected declarations with the Board in each case.
`
`
`The Patent Owner filed its Patent Owner Responses in IPR2014-00687, 00688, and 00689, where each Response
`included the same declaration from Mr. Robin Walker as Ex. 2077. The Petitioner objected to this exhibit, and in
`responding to the objections, the Patent Owner noticed that it had inadvertently omitted an oath in the declaration.
`The Patent Owner timely served a corrected declaration on the Petitioner as supplemental evidence where the only
`changes were (1) the inclusion of an oath and (2) a change in the title to indicate that the exhibit was a “corrected”
`declaration. No substantive changes, and indeed, no other changes of any kind were made to the declaration. The
`Patent Owner now seeks to file this corrected declaration with the Board in each case so that the Board will have an
`accurate record and to show the Board that this oversight has been corrected.
`
`
`The Petitioner does not consent to this request.
`
`
`Respectfully submitted,
`
`
`Michael L. Kiklis
`Lead Counsel for Patent Owner, WesternGeco
`
`
`Michael L. Kiklis
`Attorney at Law
`1940 Duke Street
`Alexandria, Virginia 22314
`Main Line: 703.413.3000
`Direct Line: 703.413.2707
`Mobile: 202.262.5741
`Fax: 703.413.2220
`MKiklis@oblon.com
`
`
`
`
`
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`
`2
`
`PGS Exhibit 1119, pg. 2
`PGS v. WesternGeco (IPR2014-00688)