`To:
`Cc:
`Subject:
`Date:
`Attachments:
`Importance:
`
`Trials
`Bunting, Beverly; Kinder, Robert; Weatherly, Mitchell
`Trials
`FW: Requests for Authorization to File Motions to Dismiss in IPR2016-01000, -01003, -01099, and -01100
`Tuesday, October 10, 2017 7:28:17 AM
`2017-07-18 Order Denying Request to File Motion to Dismiss.pdf
`High
`
`Please see the below request
`
`Thanks
`Andrew
`
`From: Garrett, Mark [mailto:mark.garrett@nortonrosefulbright.com]
`Sent: Friday, October 06, 2017 5:49 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: 'CPDocketSK@oblon.com' <CPDocketSK@oblon.com>; 'CPDocketHadjis@oblon.com'
`<CPDocketHadjis@oblon.com>; 'CPDocketRicciuti (CPDocketRicciuti@oblon.com)'
`<CPDocketRicciuti@oblon.com>; Robinson, Eagle <eagle.robinson@nortonrosefulbright.com>
`Subject: Requests for Authorization to File Motions to Dismiss in IPR2016-01000, -01003, -01099,
`and -01100
`Importance: High
`
`Re: IPR2016-0100, -01003, -01099, and -01100
`
`Dear Board,
`
`Pursuant to 37 C.F.R. § 42.20(b), Patent Owner Baker Hughes Oilfield Operations, LLC seeks
`authorization to file a motion to dismiss for lack of jurisdiction in the above-referenced proceedings
`on the basis that the inter partes review procedure violates Article III and the Seventh Amendment
`of the Constitution by extinguishing private property rights through a non-Article III forum without a
`jury. Patent Owner acknowledges that such argument is foreclosed under existing Federal Circuit
`precedent (see, e.g., the attached decision in IPR2016-01407 Paper 30), but, out of abundance of
`caution, hereby formally preserves this issue in light of the Supreme Court’s recent grant of
`certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, Docket No. 16-712, 2017
`U.S. LEXIS 3727, 85 U.S.L.W. 3578 (2017).
`
`As reflected below, counsel for Patent Owner emailed counsel for Petitioner, but has not yet
`received a response.
`
`If necessary, counsel for Patent Owner will be available for a call with the Board when convenient for
`the Board.
`
`Sincerely,
`- Mark Garrett
`Counsel for Patent Owner
`
`Mark Garrett | Partner
`
`
`
`Norton Rose Fulbright US LLP
`98 San Jacinto Boulevard, Suite 1100, Austin, Texas 78701-4255, United States
`Tel +1 512 536 3031 | Fax +1 512 536 4598
`mark.garrett@nortonrosefulbright.com
`
`From: Garrett, Mark
`Sent: Friday, October 6, 2017 10:50 AM
`To: 'CPDocketSK@oblon.com' <CPDocketSK@oblon.com>; 'CPDocketHadjis@oblon.com'
`<CPDocketHadjis@oblon.com>; CPDocketRicciuti (CPDocketRicciuti@oblon.com)
`<CPDocketRicciuti@oblon.com>
`Cc: Robinson, Eagle <eagle.robinson@nortonrosefulbright.com>; Kitchen, Jeff
`<jeff.kitchen@nortonrosefulbright.com>
`Subject: IPRs2016-01000, -01003, -01099, and -01100
`Importance: High
`
`All,
`
`To preserve the issue, we intend to email the Board to request authorization to file motions to
`dismiss the pending IPRs for lack of jurisdiction in light of Oil States. See, e.g., the attached decision.
`
`Please let me know if you would oppose such a request and such a motion, and dates you would be
`available for a call with the Board (including any times today).
`
`Thanks,
`- Mark
`
`Mark Garrett | Partner
`Norton Rose Fulbright US LLP
`98 San Jacinto Boulevard, Suite 1100, Austin, Texas 78701-4255, United States
`Tel +1 512 536 3031 | Fax +1 512 536 4598
`mark.garrett@nortonrosefulbright.com
`
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