Subject:
`Date:
`From:
`To:
`CC:
`
`Re: IPR2016-00204 (IPR2016-01101, -01242, -01245 joined) Service Copies
`Friday, December 2, 2016 at 1:43:46 PM Eastern Standard Time
`MaHhew Dowd
`Augsburger, Jennifer L., Reister, Andrea
`Robbins, Jennifer L, Longton, Rick, Krygowski, Evan, wjenks@jenksiplaw.com,
`sparmalee@wsgr.com, mrosato@wsgr.com, jmills@wsgr.com,
`mfedowitz@merchantgould.com, devans@merchantgould.com,
`gspeier@carlsoncaspers.com, jali@carlsoncaspers.com
`A8achments: image001.png
`
`Andrea:
`
`We write concerning Patent Owner’s objecZons served November 21, 2016.
`
`We request that Patent Owner withdraw its objecZon to Exhibits 1048-1213 based on the reliance on 37
`C.F.R. § 42.51(b)(1)(i). The objecZon is without any basis in fact or law. First, § 42.51(b)(1)(i) is not a basis for
`excluding admissible evidence. Second, PeZZoner’s service of the documents complied with the rules
`governing service of documents. See 37 C.F.R. § 42.6(e)(1). You have provided no explanaZon of why you
`believe service was insufficient.
`
`Third, and perhaps most importantly, you have acknowledged that you received all of the documents that
`were required to be served. During the meet-and-confer on Wednesday, November 23, I asked you whether
`you had received all of the documents that were to be served, and you replied that you had not idenZfied
`any missing documents. I further asked you to inform me as soon as possible if you did in fact idenZfy any
`such missing documents. We have also offered to extend upcoming deadlines to any reasonable extent you
`feel necessary. Given that the meet-and-confer was more than one week ago, and that I have received no
`further communicaZon from you on this issue, the only reasonable conclusion is that you did in fact receive
`all of the documents as served. Thus, even if service were unZmely, as you contend, Patent Owner has
`experienced no prejudice.
`
`In view of the above, Patent Owner has no basis in law or fact to object to the exhibits based on service. We
`therefore request that you withdraw your objecZon, as it can be viewed only as a frivolous argument, a
`frivolous request for relief, and an aHempt to cause unnecessary delay and an unnecessary increase in the
`cost of the proceeding. Please confirm by 5PM on Sunday that Patent Owner agrees to withdraw this
`objecZon.
`
`If Patent Owner refuses to withdraw the objecZon, PeZZoners will consider moving to recover aHorneys’ fees
`associated with responding to the objecZon, pursuant to 35 U.S.C. § 316(a)(6) and 37 C.F.R. § 42.12.
`
`Best regards,
`
`Matthew J. Dowd
`Dowd PLLC
`1717 Pennsylvania Avenue, NW
`Suite 1025
`Washington, D.C. 20006
`(202) 573-3853
`mjdowd@dowdpllc.com
`http://www.dowdpllc.com
`
`ARGENTUM Exhibit 1214
`Argentum Pharmaceuticals LLC v. Research Corporation Technologies, Inc.
`IPR2016-00204
`
`Page 1 of 3
`
`Page 00001
`
`

`
`
`
`From: MaHhew Dowd <mjdowd@dowdpllc.com>
`Date: Wednesday, November 23, 2016 at 10:21 AM
`To: "Augsburger, Jennifer L." <jaugsburger@cov.com>, "Reister, Andrea" <areister@cov.com>
`Cc: "Robbins, Jennifer L" <jrobbins@cov.com>, "Longton, Rick" <rlongton@cov.com>, "Krygowski, Evan"
`<EKrygowski@cov.com>, "wjenks@jenksiplaw.com" <wjenks@jenksiplaw.com>, "sparmalee@wsgr.com"
`<sparmalee@wsgr.com>, "mrosato@wsgr.com" <mrosato@wsgr.com>, "jmills@wsgr.com"
`<jmills@wsgr.com>, "mfedowitz@merchantgould.com" <MFedowitz@MerchantGould.com>,
`"devans@merchantgould.com" <devans@merchantgould.com>, "gspeier@carlsoncaspers.com"
`<GSpeier@carlsoncaspers.com>, "jali@carlsoncaspers.com" <JAli@carlsoncaspers.com>
`Subject: Re: IPR2016-00204 (IPR2016-01101, -01242, -01245 joined) Service Copies
`
`Andrea:
`
`We obviously disagree with your posiZon regarding the service of documents. Your posiZon does not
`support the exclusion of otherwise admissible evidence. We provided you a copy of the service documents
`in a manner that minimized the burden on Patent Owner by avoiding having to download mulZple files or
`receiving mulZple e-mails with large aHachments. The rules contemplate the resoluZon of issues such as this
`without burdening the Board. In the week you since you’ve received the documents, I have not received any
`communicaZon from you about any inadvertently labeled files, and thus I presume you have received the
`files and are preparing for cross-examinaZon of the witnesses.
`
`In any event, to avoid burdening the Board with a non-issue, and even in the absence of any prejudice
`experienced by Patent Owner, we are willing to extend the upcoming dates to any reasonable extent you feel
`necessary. I look forward to hearing from you so the parZes can focus on the merits of the proceeding.
`
`Best regards,
`
`Matthew J. Dowd
`Dowd PLLC
`1717 Pennsylvania Avenue, NW
`Suite 1025
`Washington, D.C. 20006
`(202) 573-3853
`mjdowd@dowdpllc.com
`http://www.dowdpllc.com
`
`
`
`Page 2 of 3
`
`Page 00002
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`

`
`From: "Augsburger, Jennifer L." <jaugsburger@cov.com>
`Date: Monday, November 21, 2016 at 4:26 PM
`To: MaHhew Dowd <mjdowd@dowdpllc.com>, "wjenks@jenksiplaw.com" <wjenks@jenksiplaw.com>,
`"sparmalee@wsgr.com" <sparmalee@wsgr.com>, "mrosato@wsgr.com" <mrosato@wsgr.com>,
`"jmills@wsgr.com" <jmills@wsgr.com>, "mfedowitz@merchantgould.com"
`<MFedowitz@MerchantGould.com>, "devans@merchantgould.com" <devans@merchantgould.com>,
`"gspeier@carlsoncaspers.com" <GSpeier@carlsoncaspers.com>, "jali@carlsoncaspers.com"
`<JAli@carlsoncaspers.com>
`Cc: "Reister, Andrea" <areister@cov.com>, "Robbins, Jennifer L" <jrobbins@cov.com>, "Longton, Rick"
`<rlongton@cov.com>, "Krygowski, Evan" <EKrygowski@cov.com>
`Subject: IPR2016-00204 (IPR2016-01101, -01242, -01245 joined) Service Copies
`
`Counsel:
`
`AHached please find the service copies of Patent Owner’s ObjecZons to Evidence, Patent Owner’s Updated
`Exhibit List, and Ex. 2189-2190, filed with the PTAB today in the subject IPR proceeding.
`
`
`
`Kind regards,
`Jenn
`Jenn Augsburger
`IP Attorney Specialist
`
`Covington & Burling LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001-4956
`T +1 202 662 6499 | jaugsburger@cov.com
`www.cov.com
`
`
`
`Page 3 of 3
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