`Sent: Thursday, July 27, 2017 6:05 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: CHRMC0108IPR1@brookskushman.com; CHRMC0109IPR1@brookskushman.com;
`CHRMC0110IPR1@brookskushman.com; CHRMC0111IPR1@brookskushman.com; Juniper-
`ChrimarIPR@irell.com; JAPowers@duanemorris.com; cjtyson@duanemorris.com; ~Yungwirth,
`Matthew (msyungwirth@duanemorris.com) <msyungwirth@duanemorris.com>
`Subject: IPR Nos. IPR2016-01389, -1391, -1399 and -1397
`
`Dear Board,
`
`Patent Owner asks for a conference call with the Board to seek leave to file a
`motion to strike Petitioner’s Reply Briefs in IPR Nos. 2016-01389, 2016-1391, 2016-
`1397, and 2016-1399 or, in the alternative, for leave to file a Sur-Reply.
`
`The basis for the motion is as follows: Patent Owner contends that the Reply
`Briefs contain new arguments and evidence not included in the Petitions. The
`Reply Briefs cite to 23 new exhibits (excluding the deposition transcript of
`Patent Owner’s expert). The new exhibits include a 60-page expert
`declaration, a document nearly as long as the expert’s original declaration
`(87 pages). While Patent Owner is moving separately to exclude the exhibits
`under the rules, Patent Owner has no vehicle to address the new arguments
`made in the Reply Briefs. Petitioners oppose Patent Owner’s requests on the
`following basis: Petitioners’ Reply Briefs (and cited exhibits) only recite
`arguments responsive to those raised by Chrimar in its Response Briefs, and
`Chrimar is already authorized to file a Motion to Exclude.
`
`The parties are available for a call on the following dates and times:
`
`•
`•
`
`Friday, July 28, 2017: 10 AM – 12 PM Eastern
`Monday, Jul 31, 2017: 10:30-11:30 AM Eastern
`
`Regards,
`Tom Lewry
`
`Thomas A. Lewry
`
`
`
`Shareholder | Co-Chair Litigation
`
`1000 Town Center, 22nd Floor | Southfield, MI 48075
`Direct: (248) 226-2753 | Main: (248) 358-4400 | Fax: (248) 358-3351
`tlewry@brooks.law | www.BrooksKushman.com | www.BKpostgrant.com
`
`
`IMPORTANT/CONFIDENTIAL: This message may be privileged, confidential, or exempt from
`disclosure under applicable law. If you have received this communication in error, please notify us
`immediately by return e-mail.
`
`
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