From: Rea, Teresa <TRea@crowell.com>
`Sent: Monday, August 3, 2020 3:25 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: traghavan@rmmslegal.com; sbirkos@rmmslegal.com; wrakoczy@rmmslegal.com;
`jjaros@rmmslegal.com; john.livingstone@finnegan.com; naoki.yoshida@finnegan.com;
`hartmana@finnegan.com; Barbara.rudolph@finnegan.com; Ward, Trenton (External)
`<trenton.ward@finnegan.com>; toan.vo@bausch.com; Lentz, Shannon <SLentz@crowell.com>
`Subject: IPR2017-00190
`
`Your Honors,
`
`I am counsel for Petitioner Argentum Pharmaceuticals (“Argentum”) in IPR2017-00190. Argentum
`requests authorization to file a Sur-Reply to Kaken’s Reply ISO the Joint Motion to Terminate, filed
`yesterday in the above-captioned proceeding.
`
`Good cause exists for filing a sur-reply in this instance because in its Reply, Kaken makes a number of
`factually inaccurate statements that Argentum would like to correct so that the Board has a
`complete and accurate record before ruling on the Motion to Terminate. In particular, Argentum
`would like to correct the record as to the following statements in Kaken’s Reply:
`1. “Argentum played no role in the underlying IPR proceeding” Reply at 1.
`2. “Argentum has no stake in this game” Reply at 1.
`3. “Argentum’s discussion of ARRIS also makes it clear how it expects to move forward in this
`proceeding—by doing absolutely nothing.” Reply at 2. And relatedly: “Argentum wants to
`remain silent, do no work, deny Patent Owner an opportunity to supplement the record, and
`have the Board expend its resources to decide patentability on the record before it.” Reply at
`3.
`
`Further, good cause exists because the Motion at issue is dispositive and would potentially
`unilaterally terminate the IPR proceeding merely at the request of Patent Owner over the objections
`of a remaining Petitioner. Because these statements are factually inaccurate, Argentum could not
`have expected or foreseen that Kaken would make such statements in its Reply.
`
`Argentum asks for just one week to file its Sur-Reply (to be filed by Monday, August 10, 2020), which
`it notes is still 2.5 weeks before Kaken’s original deadline to file its Reply to Argentum’s Opposition.
`
`Best regards,
`Teresa Stanek Rea
`
`Teresa Stanek Rea
`TRea@crowell.com
`Direct: 1.202.624.2620 | Fax: 1.202.628.5116
`
`EX. 3003
`IPR2017-00190
`
`1
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`Crowell & Moring LLP | www.crowell.com
`1001 Pennsylvania Avenue NW
`Washington, DC 20004
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`2
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