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`CALTECH - EXHIBIT 2036
`Apple Inc. v. California Institute of Technology
`IPR2017-00210
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`
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`0)]206L883,2§20 gim 206,883.2699
`mrosatogQwsgrcom
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`0002
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`0002
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`
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`Rosato, Michaelm
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`Trials <Trials@USPTO.GOV>
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`Wednesday, January 10, 2018 12:19 PM
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`'
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`Rosato, Michael; Goldenberg, Richard; Trials
`Smith, Michael'H.(DC); Dowd, James; Selwyn, Mark; Argenti, Matthew
`RE: IPR2017—210, 219, 700, 701, 728: Request for emergency call
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`From:
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`Sent:
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`To:
`Cc:
`Subject:
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`Counsel,
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`We do not think a call is necessary at this stage. After obtaining the transcript, counsel may seek remedy through a
`subsequent conference with the Board requesting appropriate relief or sanctions related to the deposition.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`US
`
` Dir
`
`From: Rosato, Michael [mailtozmrosato@wsgr.com]
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`Sent: Wednesday, January 10, 2018 2:44 PM
`
`To: Goldenberg, Richard <Richard.GoIdenberg@wilmerhale.com>; Trials <Tria|s USPTO.GOV>
`
`Cc: Smith, Michael H.(DC) <MichaelH.Smith@wilmerhale.com>; Dowd, James <James.Dowd@wilmerhale.com>; Selwyn,
`Mark <Mark.Selwyn@wilmerhale.com>; Argenti, Matthew <mar enti ws r.com>
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`Subject: RE: lPR2017-210, 219, 700, 701, 728: Request for emergency call
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`Dear Trials,
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`Caltech’s position is not stated below, but briefly includes the following:
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`Petitioner’s representations are inaccurate. The witness is neither obstructing or refusing to answer questions. The
`attached rough transcript excerpt, which the Petitioner has identified as being representative of their complaint,
`illustrates that Petitioner’s complaint is without merit (please note that the deposition transcript as a whole has a
`preliminary confidential designation).
`
`For context, Caltech’s Patent Owner Responses in these cases each detail instances where Petitioner’s expert, Dr. Davis,
`refused to answer simple questions such as whether a cited prior art reference depicts a Tanner graph. See e.g.,
`lPR2017-00297, Paper 31, pp. 14-15. The parties have also previously discussed inappropriate conduct by Petitioner
`during cross examination of Caltech’s expert witness, Dr. Mitzenmacher. Petitioner’s complaints today are believed to
`not only be without merit, but an effort to distract from legitimate concerns Caltech has raised with regard to
`Petitioner’s discovery misconduct.
`
`While Caltech does not believe an emergency call is warranted, we are willing to participate in such a call in order to give
`a full accounting of the facts and circumstances.
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`Respectfully submitted,
`
`0003
`
`0003
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`
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`Michael T Rosato
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`Wilson Sonsini Goodrich 86 Rosati
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`ii} 205.883.2099
`EOE 206.883.2529 E
`mrosatogQwsgrcom
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`From: Goldenberg, Richard [mailto:Richard.Goldenberg@wi|merhale.com]
`Sent: Wednesday, January 10, 2018 10:18 AM
`To: Trials
`
`_
`
`Cc: Smith, Michael H.(DC); Dowd, James; Selwyn, Mark; Argenti, Matthew; Rosato, Michael
`Subject: IPR2017-210, 219, 700, 701, 728: Request for emergency call
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`Dear Honorable Board,
`
`Petitioner requests an emergency call with the Board regarding the deposition of. Dr. Hui Jin, which is occurring
`today. The witness is obstructing the deposition by refusing to answer simple questions and Petitioner seeks the
`Board’s guidance regarding how to proceed.
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`For reference, the parties to these IPRs are: Apple inc. Petitioner v. California Institute of Technology Patent Owner.
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`Richard Goldenberg | WilmerHale
`60 State Street
`
`Boston, MA 02109 USA
`
`+1 617 526 6548 (t)
`
`+1 617 526 5000 (f)
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`richard.go|denberg@wilmerhale.com
`
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`0004
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`0004
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