`
`
`
`______________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`______________________
`
`
`
`APPLE INC., MICROSOFT CORPORATION, MICROSOFT MOBILE OY,
`AND MICROSOFT MOBILE INC. (f/k/a NOKIA INC.).,
`Petitioner
`
`v.
`
`EVOLVED WIRELESS LLC,,
`Patent Owner
`______________________
`
`
`
`Case IPR2017-00068
`Patent 8,218,481
`
`______________________
`
`
`
`
`
`REPLY TO PATENT OWNER’S OPPOSITION
`TO MOTION FOR JOINDER
`
`
`
`
`
`
`
`
`Attorney Docket No. 00035-0010IP2
`IPR of U.S. Patent No. 8,218,481
`
`
`
`After the filing of Patent Owner’s Opposition, the parties conferred
`
`regarding the remaining issues with respect to joinder. Petitioner and Patent
`
`Owner have reached agreement on the following two related items:
`
`1. Petitioner agrees to withdraw its Motion for Joinder with respect to
`
`dependent claims 4 and 11 of the ‘481 patent. Stated differently,
`
`Petitioner is only seeking to join IPR2016-00758 with respect to those
`
`claims that were instituted.
`
`2. Patent Owner agrees to fully withdraw its Opposition to Petitioner’s
`
`Motion for Joinder.
`
`In lieu of a joint stipulation to reflect this agreement, which was proposed by
`
`Petitioner, counsel for Patent Owner indicated the following by e-mail on
`
`December 12, 2016:
`
`“Petitioners may inform the Board that Patent Owner’s opposition is only to
`
`those grounds/claims that were not instituted in IPR2016-00758.”
`
`Given that Petitioner agrees to withdraw pursuing institution of
`
`grounds/claims not instituted in IPR2016-00758 in its Motion for Joinder (i.e.,
`
`claims 4 and 11), Petitioner’s Motion for Joinder now stands unopposed.
`
`Petitioner thus requests that the Board institute an IPR on the remaining grounds in
`
`
`
`1
`
`
`
`Attorney Docket No. 00035-0010IP2
`IPR of U.S. Patent No. 8,218,481
`the present case and grant Petitioner’s Motion for Joinder to IPR2016-00758 with
`
`respect to the instituted grounds.
`
`
`Respectfully submitted,
`
`
`
`
`
` /W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Roberto J. Devoto, Reg. No. 55,108
`Fish & Richardson P.C.
`
`Attorneys for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Date: December 13, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Attorney Docket No. 00035-0010IP2
`IPR of U.S. Patent No. 8,218,481
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
`
`certifies that on December 13, 2016, a complete and entire copy of this Reply to
`
`Patent Owner’s Opposition to Motion for Joinder was provided via email to the
`
`Patent Owner by serving the email correspondence addresses of record as follows:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cyrus A. Morton, Ryan M. Schultz
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Ave
`Minneapolis, MN 55402
`
`Email: CMorton@robinskaplan.com
` RSchultz@robinskaplan.com
` Evolved_RK_Team@robinskaplan.com
`
`
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667