`To:
`Cc:
`Subject:
`Date:
`
`Trials
`PrimeFocusIPR@irell.com; JKagan@Irell.com; mfleming@irell.com; Daniel Yannuzzi; Trevor Quist
`Trials
`IPR2016-1243 Motion to Amend
`Friday, October 20, 2017 7:31:42 AM
`
`Counsel,
`
`
`On March 31, 2017, Patent Owner filed in this proceeding a motion “on a contingent basis to
`amend original claims 1, 8–13, and 20 . . . to cancel original claims 2–7 and 14–19.” Paper 41 (“Motion to
`Amend”), 1. On October 4, 2017, the United States Court of Appeals for the Federal Circuit issued a
`decision in Aqua Products, Inc. v. Matal, No. 2015-1177 (Fed. Cir. Oct. 4, 2017) (en banc). That decision
`addresses motions to amend submitted during inter partes review proceedings. Aqua Prods., slip op. at
`4.
`
`Please advise, by October 24, 2017, whether the parties to this proceeding believe a conference
`call with the Panel is necessary to discuss what impact, if any, Aqua Products has on resolution of Patent
`Owner’s Motion to Amend. If a party believes such a call is necessary, the parties’ request for a call must
`identify times on October 26, 2017 that both parties are available for the call.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`
`
`