0001
`
`CALTECH - EXHIBIT 2036
`Apple Inc. v. California Institute of Technology
`IPR2017-00701
`
`

`

`[f] 206.883.2699
`fo] 206.883.2529 |
`mrosato@wsgr.com
`
`0002
`
`0002
`
`

`

`Rosato, MichaelLLLLLLaNLLTOILANREETLEASNITLETSTENTELEEONESPRLEEESRPaCE
`
`From:
`Sent:
`To:
`Ce:
`Subject:
`
`Counsel,
`
`Trials <Trials@USPTO.GOV>
`Wednesday, January 10, 2018 12:19 PM
`Rosato, Michael; Goldenberg, Richard; Trials
`Smith, Michael’ H.(DC); Dowd, James; Selwyn, Mark; Argenti, Matthew
`RE: IPR2017-210, 219, 700, 701, 728: Request for emergencycall
`
`Wedo notthinka call is necessary at this stage. After obtaining the transcript, counsel may seek remedy through a
`subsequentconference with the Board requesting appropriaterelief or sanctionsrelated to the deposition.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`
`
`
`From: Rosato, Michael [mailto:mrosato@wsegr.com]
`Sent: Wednesday, January 10, 2018 2:44 PM
`To: Goldenberg, Richard <Richard.Goldenberg@wilmerhale.com>; Trials <Trials@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 <margenti@wsgr.com>
`Subject: RE: 1PR2017-210, 219, 700, 701, 728: Request for emergencycall
`
`Dear Trials,
`
`Caltech’s position is not stated below, but briefly includes the following:
`
`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 wherePetitioner’s expert, Dr. Davis,
`refused to answer simple questions such as whether a cited prior art reference depicts a Tanner graph. See e.g.,
`IPR2017-00297, 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 emergencycall is warranted, we are willing to participate in such a call in order to give
`a full accounting of the facts and circumstances.
`
`Respectfully submitted,
`
`0003
`
`0003
`
`

`

`Michael T Rosato
`
`Wilson Sonsini Goodrich & Rosati
`fo] 206.883.2529| [f] 206.883.2699
`mrosato@wsgr.com
`
`From: Goldenberg, Richard [mailto:Richard.Goldenberg@wilmerhale.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: 1PR2017-210, 219, 700, 701, 728: Request for emergency call
`
`Dear Honorable Board,
`
`Petitioner requests an emergencycall with the Board regarding the deposition of. Dr. Hui Jin, which is occurring
`today. The witnessis obstructing the deposition by refusing to answer simple questions and Petitioner seeks the
`Board’s guidance regarding howto proceed.
`
`For reference, the parties to these IPRs are: Apple Inc. Petitioner v. California Institute of Technology Patent Owner.
`
`Richard Goldenberg | WilmerHale
`60 State Street
`
`Boston, MA 02109 USA
`+1617 526 6548 (t)
`+1617 526 5000(f)
`
`richard.goldenberg@wilmerhale.com
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`0004
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`0004
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