Case IPR2014-01041 and Case IPR2014-01043
`Conference Call
`March 17, 2015
`
`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`METRICS, INC., MAYNE PHARMA and :
`JOHNSON MATTHEY, INC. :
` Petitioner, :
`v. :
`SENJU PHARMACEUTICAL CO., LTD., :
`BAUSCH & LOMB, INC., and BAUSCH :
`& LOMB PHARMA HOLDINGS CORP., :
` Patent Owner. :
`---------------------------------
` Case IPR2014-01041
` Patent 8,129,431 B2
` and
` Case IPR2014-01043
` Patent 8,669,290 B2
` _____________
` Telephonic Conference Call
` Before the Patent Trial And Appeal Board
` Washington, D.C.
` Tuesday, March 17, 2015
` 11:00 a.m.
`
`Reported by: Donna Peterson
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`SENJU EXHIBIT 2025
`METRICS v. SENJU
`IPR2014-01043
`
`Page 1 of 48
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`Conference Call
`March 17, 2015
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`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`METRICS, INC., MAYNE PHARMA and :
`JOHNSON MATTHEY, INC. :
` Petitioner, :
`v. :
`SENJU PHARMACEUTICAL CO., LTD., :
`BAUSCH & LOMB, INC., and BAUSCH :
`& LOMB PHARMA HOLDINGS CORP., :
` Patent Owner. :
`---------------------------------
` Case IPR2014-01041
` Patent 8,129,431 B2
` and
` Case IPR2014-01043
` Patent 8,669,290 B2
` _____________
` Telephonic Conference Call
` Before the Patent Trial And Appeal Board
` Washington, D.C.
` Tuesday, March 17, 2015
` 11:00 a.m.
`
`Reported by: Donna Peterson
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`SENJU EXHIBIT 2025
`METRICS v. SENJU
`IPR2014-01043
`
`Page 1 of 48
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`Case IPR2014-01041 and Case IPR2014-01043
`Conference Call
`March 17, 2015
`
` A P P E A R A N C E S
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` ADMINISTRATIVE PATENT JUDGE FRANCISCO C. PRATS
` ADMINISTRATIVE PATENT JUDGE ERICA A. FRANKLIN
` ADMINISTRATIVE PATENT JUDGE GRACE KARAFFA
` OBERMANN
` PATENT TRIAL AND APPEAL BOARD
` UNITED STATES PATENT AND TRADEMARK OFFICE
` 600 Dulaney Street
` Alexandria, Virginia 22314-5796
`
` ON BEHALF OF PETITIONER, METRICS, INC., MAYNE
` PHARMA and JOHNSON MATTHEY, INC.:
` PATRICK D. McPHERSON, ATTORNEY at LAW
` DUANE MORRIS, LLP
` Suite 1000
` 505 Ninth Street, N.W.
` Washington, D.C. 20004-2166
` Telephone: (202) 776-5214
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`Case IPR2014-01041 and Case IPR2014-01043
`Conference Call
`March 17, 2015
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` A P P E A R A N C E S C O N T I N U E D
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` ON BEHALF OF PETITIONER, METRICS, INC., MAYNE
` PHARMA and JOHNSON MATTHEY, INC.:
` VINCENT L. CAPUANO, Ph.D., ATTORNEY at LAW
` DUANE MORRIS, LLP
` Suite 2400
` 100 High Street
` Boston, Massachusetts 02110-1724
` Telephone: (857) 488-4250
`
` ON BEHALF OF PATENT OWNER, SENJU PHARMACEUTICAL
` CO., LTD., BAUSCH & LOMB, INC., and BAUSCH &
` LOMB PHARMA HOLDINGS CORP.:
` M. ANDREW HOLTMAN, Ph.D., ATTORNEY at LAW
` JONATHAN R.K. STROUD, ATTORNEY at LAW
` FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
` 901 New York Avenue, N.W.
` Washington, D.C. 20001-4413
` Telephone: (202) 408-4000
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`Case IPR2014-01041 and Case IPR2014-01043
`Conference Call
`March 17, 2015
`
` C O N T E N T S
` PAGE
` Hearing: Initial Conference Call 6
` Proposed List of Motions
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` P R O C E E D I N G S
` JUDGE OBERMANN: Good morning.
` This is Judge Obermann, and this is the
`initial conference call in IPR2014-01041, as well as
`IPR2014-01043, Metrics versus Senju Pharmaceutical.
` I have Judges Prats and Franklin on the
`phone with me.
` Is there a court reporter on the line?
` THE REPORTER: Yes, I'm here, thank you.
` JUDGE OBERMANN: Thank you.
` May I ask, who retained the court
`reporter; was it Petitioner or Patent Owner?
` MR. HOLTMAN: Your Honor, the Patent Owner
`did.
` JUDGE OBERMANN: Okay. May I ask counsel
`to identify themselves?
` First, we'll start with counsel for Patent
`Owner.
` MR. HOLTMAN: Yes. Your Honor, this is
`Andy Holtman, from Finnegan, Henderson.
` JUDGE OBERMANN: Thank you, Mr. Holtman.
` Do you have anyone else with you?
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` MR. HOLTMAN: We do. We have Mr. Stroud
`here, as well.
` JUDGE OBERMANN: Mr. Holtman, will you
`please file the transcript of these proceedings as
`soon as possible?
` MR. HOLTMAN: Yes, we will absolutely take
`care of that.
` JUDGE OBERMANN: Thank you.
` Who do we have on the line for Petitioner?
` MR. McPHERSON: Your Honor, Patrick
`McPherson, from Duane, Morris, representing
`Petitioner.
` I have with me Vincent Capuano, Duane,
`Morris, representing Petitioner, as well.
` JUDGE OBERMANN: Thank you.
` MR. CAPUANO: Good morning, Your Honor.
` JUDGE OBERMANN: Good morning.
` Thank you, Mr. McPherson.
` Okay. The purpose of this initial
`conference call is twofold: We're going to discuss
`the scheduling order and we're going to discuss the
`proposed list of motions. I have taken a look at
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`202-220-4158
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`both of those that were filed by each party in both
`cases.
` Starting with the schedule order, the
`scheduling order, I would like to ask lead counsel
`for Patent Owner if he will be available on the date
`that has been set for the oral hearing.
` Mr. Holtman?
` MR. HOLTMAN: Yes, I will. The dates are
`fine with us.
` JUDGE OBERMANN: Okay, thank you.
` Mr. McPherson?
` MR. McPHERSON: Yes, Your Honor, I'll be
`available.
` JUDGE OBERMANN: Thank you.
` Does either -- does either party see a
`need at this time for changing any of the dates in
`the scheduling order?
` I'll start with Mr. Holtman.
` MR. HOLTMAN: No, we do not.
` JUDGE OBERMANN: Thank you.
` Mr. McPherson?
` MR. McPHERSON: No, we do not, Your Honor.
`
`202-220-4158
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`www.hendersonlegalservices.com
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` JUDGE OBERMANN: Thank you very much.
` Okay. At this time, I'd like to turn to
`the proposed list of motions -- oh, first, before I
`go there, I would just like to ask the parties, I
`know that there are two related district court
`actions, one in New Jersey -- I guess they're both in
`New Jersey.
` Is that correct, Mr. Holtman?
` MR. HOLTMAN: There -- there's a
`protective suit in -- in North Carolina, but the
`litigations are going forward in New Jersey.
` JUDGE OBERMANN: I see, okay.
` Mr. McPherson, do you have anything to add
`about the posture of those two cases?
` MR. McPHERSON: No, Your Honor. There's
`two in New Jersey, one in North Carolina, and we're
`still waiting for some orders from the judge, so --
` JUDGE OBERMANN: Okay. Has there been a
`request to stay any of these litigations, in light of
`the administrative proceedings?
` MR. McPHERSON: Your Honor, this is Pat
`McPherson, for the Petitioner.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Page 8 of 48
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` Petitioner, who is the Defendant in the
`litigation in New Jersey, has not yet answered.
`There are -- there's a motion to dismiss based upon
`jurisdiction that's been pending before the court.
`So the parties are waiting on that before any action
`happens there.
` JUDGE OBERMANN: Okay. So did I hear you
`say that you've moved to dismiss?
` MR. McPHERSON: Yes. There's a -- there's
`a motion to dismiss --
` JUDGE OBERMANN: Okay.
` MR. McPHERSON: -- the litigation based
`upon jurisdiction.
` JUDGE OBERMANN: May I, please, ask
`counsel to apprise the board within five business
`days should there be any significant activity,
`including a motion to stay or a grant of a motion to
`dismiss?
` MR. McPHERSON: Yes, Your Honor.
` JUDGE OBERMANN: If you could file that
`jointly, it would be greatly appreciated, so that I
`can have one document that's agreed to by the
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`202-220-4158
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`www.hendersonlegalservices.com
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`parties.
` MR. HOLTMAN: Okay.
` JUDGE OBERMANN: I just would like to
`update the status, when there's significant activity
`like that.
` Okay. I will turn now to the -- the list
`of proposed motions, and I'll start with Patent
`Owner. You have indicated that you're considering
`filing a motion to seal confidential information and
`a related motion to enter a protective order. I just
`want to advise both parties that a protective order
`does not exist in these proceedings until one is
`filed and approved by the board. And if either party
`files a motion to seal, it should be accompanied by a
`proposed protective order, presented as an exhibit to
`the motion. And I would urge the parties to operate
`under the board's default protective order, if
`possible. If it's not possible, I will ask the
`parties to, please, propose a protective order that
`deviates from the default protective order, but if
`they do that, they should submit the proposed
`protective order jointly. And we will require that
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`202-220-4158
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`www.hendersonlegalservices.com
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`you present a marked-up comparison of the proposed
`and default protective orders, so that the court can
`easily discern how you're modifying that default.
`And if the parties can not agree on the terms of the
`protective order, you should contact the board.
` Is that understood, Mr. Holtman?
` MR. HOLTMAN: We understand, Your Honor.
` JUDGE OBERMANN: Thank you.
` Mr. McPherson?
` MR. McPHERSON: We understand, Your Honor.
` JUDGE OBERMANN: Okay. This is going to
`be a theme because I'm going to be asking you both to
`cooperate as much as possible before you contact the
`board with any disputes. And in that regard, I would
`just like to point out that, you know, I particularly
`take a fairly hard line with redactions to documents
`that are filed in these proceedings, and I want you
`to try to strictly limit, limit any of your
`redactions to isolated passages that consist entirely
`of confidential information. This may be a little
`different from what you're used to in the district
`court, but I really would want you to make the thrust
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`of your underlying argument or evidence clearly
`discernible from the redacted versions. That's
`because when you're operating here, it's a little
`different, and when we issue our final decision,
`basically we're going to make all the information we
`rely upon public. It becomes very difficult if you
`overly redact.
` And I also want you both to be aware that
`you will be given an opportunity to expunge
`information. But that's not necessarily going to
`prevail over the public interest in maintaining a
`complete and understandable file history here at the
`office. So please take care when you move to enter
`confidential information into the record, and please
`understand that that information, you're placing it
`at hazard of being publicly disclosed in our final
`decision.
` So at this time, do you -- do you foresee
`filing your motion to seal quickly or, you know, what
`is your timing on that, Patent Owner?
` MR. HOLTMAN: Well, we're developing the
`Patent Owner response right now and it's going to
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`partly be dictated by whatever supplemental evidence
`we put in that. So I suspect we'll know -- I guess I
`don't know what "shortly" is, but we'll know soon and
`we'll let the --
` JUDGE OBERMANN: Okay.
` MR. HOLTMAN: -- the panel know as soon as
`we know.
` JUDGE OBERMANN: Okay. Well, what
`generally happens, you'll have exhibits that are
`going to accompany your response, I assume, and if --
`you generally won't move for a protective order until
`one side actually uploads something to purpose in the
`board and parties' eyes only method. And that will
`appear in our in-purpose with a "P" next to it, and
`those things will be protected until we rule. You
`have to file a motion to seal along with the, you
`know, at the same time that you file something under
`seal. You basically have the option of loading it to
`purpose in a board's eyes only method. So please
`refer to our web site for -- for your capability to
`do that. And we will wait until we -- you know, I
`think the thing I want to stress is that when you
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`move to seal, you should also accompany it with your
`joint motion for a protective order, and that usually
`does come in right around the time of the filing of
`the response.
` MR. HOLTMAN: Patent Owner will do that.
` JUDGE OBERMANN: Patent Owner, you also
`indicated that you're considering filing a motion to
`amend, as well as a motion to waive page limits
`related to the motion to amend.
` If you do decide to file a motion to
`amend, that's one that requires a preconference with
`the board before you file the motion. We can provide
`you some guidance about filing motions, but in the
`interim, I would direct you to our web site at
`uspto.gov/ptab. There is some information there
`about motions to amend.
` I, also, hope you will also familiarize
`yourself with the Idle Free decision, if you haven't
`already. That provides some pretty good guidance on
`motions to amend. And if you do seek your motion to
`amend, that's going to be due on the same day as your
`response, due date one, and we will request that you
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`seek a conference concerning the motion to amend that
`will occur at least two weeks before due date one.
` Mr. Holtman, do you understand those
`instructions?
` MR. HOLTMAN: We do, and we appreciate the
`advice.
` JUDGE OBERMANN: Okay, thank you.
` Turning to the Patent Owner's suggestion
`that they may move to waive page limits. That is
`really premature. Generally you are going to need
`preauthorization for such a motion as that, and in
`the event that you are going to seek authorization
`for extra pages, we're going to require you to
`demonstrate good cause. That's a rather
`extraordinary remedy, and we'll ask that you bring it
`up during that conference call that will occur two
`weeks before the filing because at that point,
`hopefully you'll have begun drafting and you can be
`in a better position to show that you've made a good
`effort to meet the 15 pages and you can't.
` Is that an okay plan with you,
`Mr. Holtman?
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` MR. HOLTMAN: It is. We understand.
`Thank you.
` JUDGE OBERMANN: Okay, thank you.
` Okay. Patent Owner, you also indicated
`that you plan to file a motion to exclude. Both
`parties can file motions to exclude without
`preauthorization, and you will see in our scheduling
`order that was filed on February 19th that those must
`be filed no later than due date four. We encourage
`each party to file a single motion to exclude, if
`possible, by that date, so you sort of save it all up
`and file it at that time. And in general, those
`motions are held in abeyance until we decide the
`final written decision.
` Mr. Holtman is, that acceptable to you?
` MR. HOLTMAN: Yes, it is.
` JUDGE OBERMANN: Mr. McPherson?
` MR. McPHERSON: Yes, it is, Your Honor.
` JUDGE OBERMANN: Thank you.
` Okay. I'm going to turn to Petitioner's
`proposed list of motions.
` Petitioner indicated that it was
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`considering filing a motion to file supplemental
`information under our Rule 42.123.
` Petitioner, Mr. McPherson, could you
`please explain what you have in mind there.
` MR. McPHERSON: Yes, Your Honor.
` We've received objections by the Patent
`Owner to two exhibits regarding the English
`translation that was provided for failure to provide
`an affidavit. As part of the supplemental evidence
`that we will be providing to the Patent Owner this
`week is we will be providing affidavits, attesting to
`the accuracy of those translations.
` JUDGE OBERMANN: Okay.
` MR. McPHERSON: In addition, we received
`two objections to portions of books that were --
`published books that were submitted as part of our
`evidence and, in response to the objections, we will
`be serving this week the publication information for
`those books, and we'd like authorization to include
`that information, that supplemental information in a
`filing with the board.
` JUDGE OBERMANN: Well, what you've
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`described to me so far is not supplemental
`information, it's supplemental evidence, and
`generally that gets exchanged. It's something that
`goes on without board involvement. You have an
`opportunity to produce supplemental information to
`establish the authenticity of your exhibits, and if
`a -- if a dispute persists, you can bring it to the
`board. But generally these things get resolved by
`meeting and conferring with the opposing side, after
`you exchange your supplemental evidence.
` Am I misunderstanding something?
` MR. McPHERSON: Your Honor, we've already
`had the meet and confer and we've explained what
`evidence we are going to provide, to see if we could
`reach agreement with supplying a affidavit, attesting
`to the accuracy, would that obviate the objection,
`and the Patent Owner said no. So we decided to seek
`permission to file that supplemental information with
`the Board, based upon our meet and confer that we had
`with Patent Owner.
` JUDGE OBERMANN: Okay. So you've already
`served the supplemental information and a dispute
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`continues?
` MR. McPHERSON: We have --
` MR. HOLTMAN: No.
` MR. McPHERSON: We have not served it yet.
`We're serving it this week. We had our meet and
`confer just to explain, to clarify what the
`objections were and to explain what supplemental
`evidence that we had, we would be submitting.
` JUDGE OBERMANN: Okay.
` MR. McPHERSON: We have not submitted it,
`we have not served it on the other party yet.
` JUDGE OBERMANN: So Petitioner has not yet
`had an opportunity to digest the supplemental
`evidence and has not yet obviously come back to you
`and -- this sounds like it's still in an evolution
`phase, and I'm not convinced that the board needs to
`get involved at this time, unless I'm
`misunderstanding something.
` Maybe, maybe we need to hear from
`Petitioner on this.
` MR. HOLTMAN: Yes, Your Honor. What --
`you mean the Patent Owner?
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` JUDGE OBERMANN: Patent Owner, yes, I'm
`sorry.
` MR. HOLTMAN: No problem.
` My understanding is that we -- what I
`expressly said was that we didn't receive the
`information yet and we don't know what we're going to
`receive, and that we will, we will look at it when
`we -- when we see it on Thursday. We were told that
`we would get it Thursday.
` JUDGE OBERMANN: Okay. I would like to
`let you all try to resolve this amongst yourselves.
`That's what our supplemental evidence procedure is
`really -- we don't require you to file supplemental
`evidence for the very reason that we expect you to
`exchange it, serve it and try to resolve as much of
`this as you can amongst yourselves. If a dispute
`persists, please do contact the board at that time.
` MR. HOLTMAN: We will.
` JUDGE OBERMANN: Okay. Is that all right
`with you, Mr. McPherson?
` MR. McPHERSON: Your Honor, there is a --
`there is a deadline for submitting supplemental
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`evidence, according to Section 123, that says the
`request to file supplemental information with the
`board must be made within one month of institution.
` JUDGE OBERMANN: That's true. That's
`under Part A. So are you actually seeking that? You
`would like to seek a permission to file a motion to
`file your supplemental evidence as supplemental
`information before the expiration of that one month?
` MR. McPHERSON: That's correct, Your
`Honor.
` JUDGE OBERMANN: Okay. I'm going to --
`okay. And I'm just right now, without Mr. -- I'm
`sorry, who was speaking?
` MR. McPHERSON: That was Mr. McPherson
`for --
` JUDGE OBERMANN: Okay. I would like to
`hear from Mr. Holtman on that.
` MR. HOLTMAN: We don't object to that,
`Your Honor.
` JUDGE OBERMANN: Okay, okay. In that
`case, let's see, you're supposed to -- you're gonna
`need to submit your motion by the 19th because that's
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`the expiration of the one-month period. I will -- I
`will grant you authorization, Mr. McPherson, to file
`a five-page motion to submit the supplemental
`information. Keep in mind that you're asking
`permission to submit the supplemental information.
` MR. McPHERSON: Yes, Your Honor.
` The other -- the other suggestion I may
`have is if we can extend that deadline for a week, to
`give Patent Owner sufficient time to review the
`supplemental evidence and file our request to file
`the motion for supplemental information.
` JUDGE OBERMANN: I like that better. So
`in other words, if you can resolve this, you won't
`need to file your motion under 42.123. But, yes, I
`do have discretion to enlarge the period of time
`under that rule.
` What day would -- I'd like to pick a date
`certain that you would be filing that by so that I
`could put it in my order.
` MR. HOLTMAN: Your Honor, this is the
`Patent Owner.
` My only concern is that we're getting
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`closer to the date in which we're filing our
`response, without the information.
` JUDGE OBERMANN: Right, and that's a valid
`concern. I don't see, if you have the translation
`and we're just talking about authenticating it with a
`certificate of translation, how you're going to be
`very prejudiced in meeting your three-month deadline
`to file the response.
` MR. HOLTMAN: We -- we may not. That's
`just one example, Your Honor.
` JUDGE OBERMANN: Okay. Well, I'll tell
`you what. I'm talking about giving them a very, very
`short extension of time under 42.123. Their date
`expires on the 19th, which is the Thursday that your
`supplemental information is going to be exchanged.
` Mr. McPherson, when do you think you could
`get us the motion for authorization to file
`supplemental information? At what -- would you be
`able to do it by Monday?
` MR. McPHERSON: It's kind of dependent
`upon when the Patent Owner gets back to us. If we
`provide it to them on the 19th, it takes them a
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`couple days to get back to us. Then we have, you
`know, a few days to prepare the motion, if we need
`to. We can probably do it by March 26th.
` JUDGE OBERMANN: Which is the following
`Thursday, is that right?
` MR. McPHERSON: The following Thursday.
` JUDGE OBERMANN: Yeah. So that would --
`that would be essentially a one-week enlargement of
`time, and I think that it sounds like if you're able
`to cooperate -- and partly that's going to be in
`Mr. Holtman's control, I think it's reasonable to
`enlarge the period of time to March 26th. But I
`would like to hear from Mr. Holtman on that again.
` MR. HOLTMAN: Your Honor, I'm sure we can
`cooperate, and that date's fine with us.
` JUDGE OBERMANN: Okay. And I will
`obviously, if you feel that you've been prejudiced
`and you need an extra week to file your response, we
`can talk about that, as well. But at this point,
`based on the supplemental information that I'm
`hearing about, it sounds like it's a matter of rote
`authorization -- I mean, rather, authentication of
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`documents that are already in the record, so,
`frankly, I don't quite see how you're going to be
`prejudiced and need more time.
` Okay. So I'm going to issue an order that
`enlarges the amount of time in which Petitioner may
`file a motion seeking authorization to file
`supplemental information. That will be till March
`26th, with the caveat that hopefully you're not going
`to have to file anything because you're going to meet
`and confer during that week. And the filing of
`supplemental information will be limited to
`supplemental information regarding authent --
`authentication of the foreign translations and
`publication information related to certain exhibits.
` Is that correct, Mr. McPherson?
` MR. McPHERSON: That's correct, Your
`Honor.
` JUDGE OBERMANN: Okay. Mr. Holtman,
`anything to add?
` MR. HOLTMAN: No, Your Honor. Thank you.
` JUDGE OBERMANN: Thank you.
` Okay. Moving on, Petitioner has indicated
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`that it's considering filing a motion for additional
`discovery related to certain exhibits that are filed
`by Petitioner.
` I have to say, I'm a bit at a loss because
`these are Petitioner's own exhibits. I'm at a loss
`for a couple of reasons because it seems to be
`premature, since we are not yet in the Petitioner's
`period for discovery. But I'd like to hear a little
`bit from Mr. McPherson, you know, what this is about
`because I've looked at those exhibits and they seem
`to be documents generated by your own client. I
`don't quite understand why you need additional
`discovery there.
` MR. McPHERSON: Yes, Your Honor.
` The -- a few things. One, we have had a
`meet and confer and we had a follow-up meet and
`confer just this morning, and we resolved some of the
`issues with some of those exhibits. I can update
`that list right now, for the record.
` JUDGE OBERMANN: I'm sorry, can you just
`repeat what you just said? I think I was blanking.
` MR. McPHERSON: The Patent Owner and the
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`Petitioner have had a meet and confer --
` JUDGE OBERMANN: Okay.
` MR. McPHERSON: -- about the objections to
`these exhibits.
` JUDGE OBERMANN: Yes.
` MR. McPHERSON: So those objections --
` JUDGE OBERMANN: Yes.
` MR. McPHERSON: And the objections have
`been resolved for certain of the exhibits, and I can
`give you those numbers.
` JUDGE OBERMANN: Okay. Let me hear from
`Mr. Holtman.
` Do you agree with this?
` MR. HOLTMAN: We do, Your Honor. We
`have -- we agree that our objections were correct.
`We just don't know that it's worth pursuing.
` JUDGE OBERMANN: Okay.
` MR. HOLTMAN: Certain ones. And I did
`enumerate which ones we were willing to drop our
`objections to.
` JUDGE OBERMANN: Okay. Okay.
` MR. HOLTMAN: We think they are still
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`improper documents.
` JUDGE OBERMANN: So, Mr. McPherson, you
`would like to read into the record the documents?
` MR. McPHERSON: Yes, Your Honor. These
`are the -- these are the exhibits that we are not
`seeking additional discovery on because we resolved
`the differences.
` JUDGE OBERMANN: Okay, okay. Please do
`so.
` MR. McPHERSON: Okay. I will start with
`the 1041 IPR. For that, Exhibits 1013, Exhibit 1014,
`Exhibit 1032, Exhibit 1039, Exhibit 1040, we are no
`longer seeking additional discovery with respect to
`
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