`Sent:
`To:
`Cc:
`
`Subject:
`
`sarah.guske@bakerbotts.com
`Wednesday, January 18, 2017 2:54 PM
`Trials
`sarah.guske@bakerbotts.com; Wayne.Stacy@BakerBotts.com;
`may.eaton@bakerbotts.com; DLBrightHousePALAIA@BakerBotts.com; PAL-
`IPR@nelbum.com; brent@nelbum.com; Rylie@nelbum.com;
`PDMcPherson@duanemorris.com; CJTyson@duanemorris.com;
`sfbbaction@spencerfane.com; KElliott@spencerfane.com; jhare@spencerfane.com;
`gdavis@spencerfane.com
`IPR2016-01259, IPR2016-01261, IPR2016-01262, and IPR2016-01263 -- Motion to
`Submit Supplemental Material
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Completed
`
`Board:
`
`Pursuant to 37 CFR 42.123 and in accordance with footnote 2 of Paper Nos. 21 (IPR2016‐01259), 18 (IPR2016‐01261), 18
`(IPR2016‐01262), and 24 (IPR2016‐01263), Petitioners seek the Board’s authorization to file a motion to submit
`previously‐expunged Exhibit Nos. 1153 (IPR2016‐01259), 1054 (IPR2016‐01261), 1054 (IPR2016‐01262), and 1053
`(IPR2016‐01263) as supplemental evidence in IPR2016‐01259, IPR2016‐01261, IPR2016‐01262, and IPR2016‐
`01263. Petitioners believe that the information contained in the exhibits—namely Petitioners’ expert’s rebuttal
`opinions regarding how a person of ordinary skill in the art would understand the “switching facility” claim terms—is
`relevant to the construction of the “switching facility” terms in these cases. Following a meet and confer, Patent Owner
`has indicated that it opposes Petitioners’ request.
`
`Should the Board deem a call necessary before determining whether Petitioners are authorized to submit their motion,
`while Petitioners are available this afternoon, Patent Owner has indicated that it is instead available on Thursday,
`January 19th. As such, all parties are available for a call between 3:30 pm and 5 pm ET tomorrow, January 19th.
`
`Sincerely,
`Sarah Guske
`
`Sarah J. Guske
`Partner
`
`Baker Botts L.L.P.
`sarah.guske@bakerbotts.com
`T +1.415.291.6205
`F +1.415.291.6305
`M +1.916.233.5560
`
`101 California Street
`San Francisco, California 94111
`USA
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