`To:
`Subject:
`Date:
`
`Johnson, Carrie
`Johnson, Carrie
`FW: IPR2017-00117
`Wednesday, November 29, 2017 10:31:43 AM
`
`
`From: Jennifer Meredith [mailto:jmeredith@meredithkeyhani.com]
`Sent: Monday, November 13, 2017 11:09 AM
`To: Trials <Trials@USPTO.GOV>; zaedbillah@andrewskurthkenyon.com;
`sheilamortazavi@andrewskurthkenyon.com; arminghiam@andrewskurthkenyon.com; 'Darius
`Keyhani' <dkeyhani@meredithkeyhani.com>
`Subject: IPR2017-00117
`
`Dear Sir or Madam:
`
`Patent Owner requests leave to file a Sur-reply in response to the Reply filed by Petitioner on
`November 6, 2017. This request is being made within four (4) business days of the Reply. The Reply
`introduces new evidence for the first time including declaration testimony of Lowell Malo and
`selected, incomplete portions of a document entitled the Federal Railroad Administration (“FRA”)
`proposed rules that purports to sets forth proposed standards for certain railcars under FRA
`jurisdiction. See Supplemental Expert Declaration of Lowell Malo, Paper 40, Ex. 1025, Paper 40,
`Ex. 1025, Appendix A, both of which are essential to the arguments Petitioner makes in its Reply. In
`the interest of justice, and consistent with U.S. Supreme Court, Federal Circuit and PTAB precedent,
`the Board should allow Patent Owner to address these new arguments and evidence and to submit
`its own rebuttal evidence.
`
`Accordingly, Patent Owner requests permission to file the Motion for Leave to file a Sur-reply to
`address these issues in detail.
`
`Thank you,
`Jennifer Meredith*
`Meredith & Keyhani, PLLC
`125 Park Avenue
`25th Floor
`New York, New York 10017
`(646) 546-5253 (Direct Dial Line)
`(212) 760-0098 (Main Line)
`(212) 202-3819 (Facsimile)
`www.meredithkeyhani.com
`
` Licensed before the United States Patent and Trademark Office, Southern District of New
`York, Eastern District of New York, Northern District of New York, Western District of New
`York and the New York and Texas State Bars.
` This confidential transmission may be subject to the Attorney-Client Privilege, attorney work
`product, or strictly confidential. If you are not the intended recipient of this message, you may
`not disclose, print, copy or disseminate this information. If you have received this in error,
`please reply and notify the sender (only) and delete the message. Unauthorized interception of
`this e-mail is in violation of State and Federal criminal laws.
`
` *
`
`
`
`
`
`
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