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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`______________________
`
`
`
`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
`
`______________________
`
`
`
`
`
`SUPPLEMENTAL REPLY TO PATENT OWNER’S OPPOSITION
`TO MOTION FOR JOINDER
`
`
`
`
`
`
`

`
`Attorney Docket No. 00035-0010IP2
`IPR of U.S. Patent No. 8,218,481
`
`
`
`In the Conduct of the Proceeding Order issued by the Board on December
`
`21, 2016 (Paper No. 13), the Board requested that Petitioner expressly indicate its
`
`decision to dismiss its petition as to the claims for which trial was not instituted in
`
`IPR2016-00758. To that end and pursuant to the agreement reached between
`
`Petitioner and Patent Owner as set forth in the Reply to the Patent Owner’s
`
`Opposition (Paper No. 8) filed on December 13, 2016, Petitioner hereby expressly
`
`dismisses its petition as to claims 4 and 11 of the ‘481 patent, which were not
`
`instituted in IPR2016-00758. Notably, Petitioner does not abandon any grounds in
`
`its petition directed to the claims that were instituted in IPR2016-00758.
`
`Petitioner’s Motion for Joinder stands unopposed (Paper No. 13, “Counsel
`
`for Patent Owner agreed that, if the non-instituted claims are dismissed from the
`
`Petitions in the joinder cases, Patent Owner does not oppose joinder of Petitioners
`
`to IPR2016-00758.”). Petitioner thus requests that the Board institute an IPR on
`
`the remaining grounds in the present case and grant Petitioner’s Motion for Joinder
`
`to IPR2016-00758 with respect to the instituted grounds.
`
`1
`
`
`
`
`
`
`
`

`
`Attorney Docket No. 00035-0010IP2
`IPR of U.S. Patent No. 8,218,481
`
`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
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date:12-30-16
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`

`
`
`
`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 30, 2016, a complete and entire copy of this Petitioner’s
`
`Supplemental 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
`
`CMorton@robinskaplan.com
`RSchultz@robinskaplan.com
` Evolved_RK_Team@robinskaplan.com
`
`Email:
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667

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