Bright, Meghan (SDO)
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Coulson, Chris <CCoulson@andrewskurthkenyon.com>
`Monday, July 10, 2017 11:31 PM
`*Perkins-Service-MSFT-Bradium-IPR; Bernstein, Matthew C. (SDO); Day, Evan S. (SDO);
`Ng, Chun (SEA)
`Zachary, Michael; Ulrich, Clifford
`IPR2016-01897: deposition of Yonatan Lavi and Bradium witnesses
`
`Evan,
`
`We've considered your request and we believe it is premature for Bradium to comment on its response prior
`to receiving the Board's decisions in IPR2016-448 and 449. We expect to be able to provide additional
`information shortly after those responses become available.
`
`Sent from my BlackBerry 10 smartphone.
`From: Coulson, Chris <CCoulson@andrewskurthkenyon.com>
`Sent: Saturday, July 8, 2017 8:33 AM
`To: 'Day, Evan S. (Perkins Coie)'; Zachary, Michael; Ulrich, Clifford
`Cc: Bernstein, Matthew C. (Perkins Coie); Ng, Chun (Perkins Coie); PerkinsServiceBradiumIPR@perkinscoie.com
`Subject: RE: IPR2016-01897: deposition of Yonatan Lavi and Bradium witnesses
`
`Dear Evan,
`
`
`We’re still considering your request and expect to respond to you on Monday.
`
`
`
`Best regards,
`Chris
`
`
`
`From: Day, Evan S. (Perkins Coie) [mailto:EDay@perkinscoie.com]
`Sent: Friday, July 07, 2017 5:08 PM
`To: Coulson, Chris; Zachary, Michael; Ulrich, Clifford
`Cc: Bernstein, Matthew C. (Perkins Coie); Ng, Chun (Perkins Coie); PerkinsServiceBradiumIPR@perkinscoie.com
`Subject: RE: IPR2016-01897: deposition of Yonatan Lavi and Bradium witnesses
`
`
`Counsel,
`
`Please advise whether Bradium will provide the information requested below today, as it previously indicated that it would.
`
`Regards,
`Evan
`
`Evan Day | Perkins Coie LLP
`COUNSEL
`11988 El Camino Real Suite 350
`San Diego, CA 92130-2594
`D. +1.858.720.5743
`F. +1.858.720.5799
`E. EDay@perkinscoie.com
`
`
`1
`
`Microsoft, Ex. 1046
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`From: Day, Evan S. (SDO)
`Sent: Monday, July 03, 2017 10:24 AM
`To: 'Coulson, Chris'; Zachary, Michael; Ulrich, Clifford
`Cc: Bernstein, Matthew C. (SDO); Ng, Chun (SEA); *Perkins-Service-MSFT-Bradium-IPR
`Subject: RE: IPR2016-01897: deposition of Yonatan Lavi and Bradium witnesses
`
`
`Chris,
`
`In your email below, you argued that “it would appear to be premature to conclude that Mr. Lavi’s testimony would be
`relevant or helpful to the Board,” but stated that Bradium would “provide an update on this issue on or before July 7” if the
`time for Bradium to file a Patent Owner Response were extended. Microsoft believes that Mr. Lavi’s testimony may be
`relevant to several issues in this proceeding. Therefore, on or before July 7, please respond to indicate whether Bradium
`is still considering providing or has not affirmatively ruled out providing any of the following:
`•
`Any testimony from Mr. Levanon
`•
`Any arguments or evidence regarding alleged secondary indicia of non-obviousness
`•
`Any arguments or evidence regarding alleged inventive activity prior to the effective filing date
`
`
`Regards,
`Evan
`
`Evan Day | Perkins Coie LLP
`COUNSEL
`11988 El Camino Real Suite 350
`San Diego, CA 92130-2594
`D. +1.858.720.5743
`F. +1.858.720.5799
`E. EDay@perkinscoie.com
`
`From: Coulson, Chris [mailto:CCoulson@andrewskurthkenyon.com]
`Sent: Sunday, June 25, 2017 8:34 AM
`To: Day, Evan S. (SDO); Zachary, Michael; Ulrich, Clifford
`Cc: Bernstein, Matthew C. (SDO); Ng, Chun (SEA); *Perkins-Service-MSFT-Bradium-IPR
`Subject: RE: IPR2016-01897: deposition of Yonatan Lavi and Bradium witnesses
`
`
`Dear Evan,
`
`
`Regarding the IPR2016-01897, we propose that the schedule be adjusted as follows:
`
`
`DUE DATE 1
`DUE DATE 2
`
`
`Because the Board is expected to provide the parties guidance regarding IPR2016-00448, and 449 on or about the 25th
`and 27th of July, this extension would allow the parties to frame this issues in the IPR2016-01897 in a manner that would
`be most helpful to the Board. Please let us know if this is agreeable to Microsoft:
`
`
`Regarding Mr. Lavi, Bradium has not yet determined whether and in what respect it will raise secondary considerations
`of non-obviousness in IPR2016-01897. Therefore, it would appear to be premature to conclude that Mr. Lavi’s
`testimony would be relevant or helpful to the Board. We can provide an update on this issue on or before July 7 so that
`Microsoft can understand Bradium’s posture and the parties can discuss how best to move forward
`
`
`Best regards,
`
`
`Chris J. Coulson
`Associate
`
`ANDREWS KURTH KENYON LLP
`
`Adjusted
`August 1, 2017
`November 3, 2017
`
`Current
`July 7, 2017
`October 9, 2017
`
`2
`
`Microsoft, Ex. 1046
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`One Broadway | New York, NY 10004-1007
`+1.212.908.6409 Phone | +1.212.425.5288 Fax
`+1.5104321628 Cell | +1.212.908.6196 Assistant - Rose Macera
`email | vCard | Bio | andrewskurthkenyon.com | Twitter
`
`
`
`
`From: Day, Evan S. (Perkins Coie) [mailto:EDay@perkinscoie.com]
`Sent: Tuesday, June 20, 2017 2:07 PM
`To: Coulson, Chris; Zachary, Michael; Ulrich, Clifford
`Cc: Bernstein, Matthew C. (Perkins Coie); Ng, Chun (Perkins Coie); PerkinsServiceBradiumIPR@perkinscoie.com
`Subject: IPR2016-01897: deposition of Yonatan Lavi and Bradium witnesses
`
`
`Counsel,
`
`Microsoft hereby provides notice that it intends to seek authorization from the Board to request a deposition of Yonatan
`Lavi through the Hague Convention. As you know, Mr. Lavi is a co-inventor on the 239 patent, was the primary technical
`lead on 3DVU products Bradium claims embody its patents, and Mr. Lavi also has knowledge regarding the invention and
`scope of the 239 patent claims. Please advise us by the end of the week whether you will oppose this request. If we do
`not hear from you by then, we will advise the Board on Monday that you oppose.
`
`Additionally, although this should go without saying, it is likely that Microsoft will request depositions of any expert or non-
`expert witnesses whose testimony Bradium chooses to submit in support of its Patent Owner Response. Accordingly,
`Microsoft requests that Bradium check deposition availability now for any witnesses whose testimony it intends to
`submit. Microsoft is generally available for most of August and the first half of September. Microsoft provides this notice
`now so Bradium has ample time to confirm witness availability and does not limit witness availability until the end of the
`discovery period.
`
`Regards,
`Evan
`
`Evan Day | Perkins Coie LLP
`COUNSEL
`11988 El Camino Real Suite 350
`San Diego, CA 92130-2594
`D. +1.858.720.5743
`F. +1.858.720.5799
`E. EDay@perkinscoie.com
`
`
`
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`
`Confidentiality Notice: The information contained in this email and any attachments to it may be legally privileged and
`include confidential information intended only for the recipient(s) identified above. If you are not one of those intended
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`Texas limited liability partnership. Andrews Kurth Kenyon DMCC is registered and licensed as a Free Zone company
`under the rules and regulations of DMCCA. Andrews Kurth Kenyon (UK) LLP is authorized and regulated by the Solicitors
`Regulation Authority of England and Wales (SRA Registration No.598542). Thank you.
`
`
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and
`immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`3
`
`Microsoft, Ex. 1046
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`Confidentiality Notice: The information contained in this email and any attachments to it may be legally privileged and
`include confidential information intended only for the recipient(s) identified above. If you are not one of those intended
`recipients, you are hereby notified that any dissemination, distribution or copying of this email or its attachments is strictly
`prohibited. If you have received this email in error, please notify the sender of that fact by return email and permanently
`delete the email and any attachments to it immediately. Please do not retain, copy or use this email or its attachments for
`any purpose, nor disclose all or any part of its contents to any other person. Andrews Kurth Kenyon LLP operates as a
`Texas limited liability partnership. Andrews Kurth Kenyon DMCC is registered and licensed as a Free Zone company
`under the rules and regulations of DMCCA. Andrews Kurth Kenyon (UK) LLP is authorized and regulated by the Solicitors
`Regulation Authority of England and Wales (SRA Registration No.598542). Thank you.
`
`4
`
`Microsoft, Ex. 1046
`Microsoft v. Bradium, IPR2016-01897
`
`