`"Rosato, Michael"; "Argenti, Matthew"; "Brown, Andrew"
`Michael R. Casey
`IPR2015-01264, -01268, -01269, -01319, -01321, and -01325 - Request for Availability for Conference with
`Board
`Friday, July 29, 2016 1:10:00 PM
`
`From:
`To:
`Cc:
`Subject:
`
`Date:
`
`Counsel,
`
` I
`
` intend to email the Board requesting a conference to seek permission to file a motion for additional
`discovery of evidence that established Bungie’s “state of mind in initiating” the subject proceedings,
`including at least the identity and details surrounding Bungie’s first receipt of Exhibits 1033 and
`1034. Per your Opposition to Patent Owner’s Motion to Exclude, filed in each case on July 25, 2016,
`Bungie has opened the door to this additional discovery by asking the Board to evaluate and rule on
`Bungie’s state of mind in initiating these cases.
`
` I
`
` will also request a rescheduling of the oral argument currently set for August 17, 2016 to allow for
`completion of this discovery and any necessary supplemental briefing.
`
`Please let me know if you will consent to or oppose this motion/discovery, and please let me know
`when you are available on August 1-3 for a conference with the Board.
`
`Once I receive your availability, I will send the following message to the Board by email, with cc to
`you:
`
`
`
`To the Board:
`
`Patent Owner respectfully requests a call with the Board to request authorization to file a motion for
`additional discovery into evidence that established Bungie’s state of mind in initiating this
`proceeding. For context, on July 18, 2016, Patent Owner moved to exclude Exhibits 1033 and 1034
`from each of the subject cases as not relevant under FRE 402 to any issues in these proceedings. In
`its opposition, Petitioner denied that these exhibits were irrelevant and newly argued that exhibit
`1033 is relevant to “corroborate Bungie’s state of mind in initiating this proceeding” and that exhibit
`1034 is relevant “as corroborating evidence of a reasonable state of mind in initiating this
`proceeding … .”
`
`Patent Owner’s Position:
`By now asking the Board to rule on Bungie’s state of mind in initiating these cases, Petitioner’s
`recent arguments open the door into additional discovery of the evidence that established Bungie’s
`state of mind. This evidence includes at least the details surrounding Bungie’s receipt of and
`reliance on Exhibits 1033 and 1034 prior to initiating these proceedings. This evidence also includes
`any documents provided by or correspondence from Activision that established Bungie’s state of
`mind in initiating these proceedings. If Bungie’s state of mind is relevant to this proceeding and
`requires Board determination, as Bungie now argues, then Patent Owner contends that Bungie
`should be required to produce at least this evidence in its possession, custody, and control on this
`issue.
`
`IPR2015-01264, -01268, -01269, -01319, -01321, & -01325
`Ex. 2045
`Page 1 of 2
`
`
`
`
`Further, in light of the scheduled oral argument on August 17, 2016, Patent Owner requests that the
`oral argument date be held over until this additional discovery and limited supplemental briefing can
`be completed.
`
`Petitioner opposes Patent Owner’s requests for discovery and modification of the scheduling order.
`Both Petitioner and Patent Owner are available at the following times for a conference with the
`Board:
`
`August 1: __________________________.
`August 2: __________________________.
`August 3: __________________________.
`
`Thank you,
`
`Wayne Helge, Esq.
`Partner & Registered Patent Attorney
`Davidson, Berquist, Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Email: whelge@dbjg.com
`Office: 571-765-7700
`Cellular: 571-271-9673
`http://www.davidsonberquist.com
`http://www.IPRPetitionDenied.com
`
`
`IPR2015-01264, -01268, -01269, -01319, -01321, & -01325
`Ex. 2045
`Page 2 of 2