`From: Robinson, Eagle <eagle.robinson@nortonrosefulbright.com>
`Sent: Monday, August 27, 2018 12:23 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: 'Bajaj, Raghav' <Raghav.Bajaj@haynesboone.com>; McCombs, David L.
`<David.McCombs@haynesboone.com>; Foster, Theo <Theo.Foster@haynesboone.com>;
`SMehta@durietangri.com; Huh, Gregory <Gregory.Huh@haynesboone.com>; McDole, Jamie
`<Jamie.McDole@haynesboone.com>; Hall, Eric <eric.hall@nortonrosefulbright.com>; Green, Eric
`<eric.green@nortonrosefulbright.com>; Robinson, Eagle <eagle.robinson@nortonrosefulbright.com>;
`Jennings, Cathie <cathie.jennings@nortonrosefulbright.com>
`Subject: Request for call re Sur-replies in IPR2017-00829, -00830
`
`Dear Board –
`
`
`Patent Owner respectfully seeks authorization to file Sur-replies in the above-referenced IPRs in lieu of
`Observations on cross-examination, which are due September 14 pursuant to the most-recent
`Scheduling Order. Patent Owner does not seek any change in that due date.
`
`
`Patent Owner believes this request (1) is consistent with the Board’s recent Trial Practice Guide Update
`providing for sur-replies to principal briefs as a matter of right, and (2) is also appropriate to afford
`Patent Owner an opportunity to address new evidence and new arguments first raised in Petitioner’s
`recent Replies.
`
`
`Petitioner opposes this request.
`
`If necessary, the parties are available for a conference call at the following times:
` Tuesday, August 28 from 2-6 pm EST; or
` Wednesday, August 29 any time.
`
`
`
`Respectfully,
`
`
`Eagle Robinson
`Lead counsel for Patent Owner
`
`
`
`Eagle Robinson | Partner
`Norton Rose Fulbright US LLP
`98 San Jacinto Boulevard, Suite 1100, Austin, Texas 78701-4255, United States
`Tel +1 512 536 3083 | Fax +1 512 536 4598
`eagle.robinson@nortonrosefulbright.com
`
`NORTON ROSE FULBRIGHT
`
`Law around the world
`nortonrosefulbright.com
`
`
`CONFIDENTIALITY NOTICE: This email, including any attachments, is confidential and may be
`privileged. If you are not the intended recipient please notify the sender immediately, and please delete it;
`
`
`
`you should not copy it or use it for any purpose or disclose its contents to any other person. Norton Rose
`Fulbright entities reserve the right to monitor all email communications through their networks.
`
`Norton Rose Fulbright Australia, Norton Rose Fulbright LLP, Norton Rose Fulbright Canada LLP, Norton
`Rose Fulbright South Africa Inc and Norton Rose Fulbright US LLP are separate legal entities and all of
`them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps
`coordinate the activities of the members but does not itself provide legal services to clients. Details of
`each entity, with certain regulatory information, are available at nortonrosefulbright.com.
`
`
`
`
`
`
`
`From: Robinson, Eagle
`Sent: Monday, August 27, 2018 11:23 AM
`To: 'Trials' <Trials@USPTO.GOV>
`Cc: 'Todd M. Siegel' <todd.siegel@klarquist.com>; Rob T. Cruzen <rob.cruzen@klarquist.com>; Toni R.
`Kammers <toni.kammers@klarquist.com>; Robinson, Eagle <eagle.robinson@nortonrosefulbright.com>;
`Jennings, Cathie <cathie.jennings@nortonrosefulbright.com>
`Subject: Request for call re Sur-replies in IPR2017-01131, -01133
`
`
`Dear Board –
`
`
`Patent Owner respectfully seeks authorization to file Sur-replies in the above-referenced IPRs in lieu of
`Observations on cross-examination, which are due September 14 pursuant to the most-recent
`Scheduling Order. Patent Owner does not seek any change in that due date.
`
`
`Patent Owner believes this request (1) is consistent with the Board’s recent Trial Practice Guide Update
`providing for sur-replies to principal briefs as a matter of right, and (2) is also appropriate to afford
`Patent Owner an opportunity to address new evidence and new arguments first raised in Petitioner’s
`recent Replies.
`
`
`Petitioner opposes this request.
`
`If necessary, the parties are available for a conference call at the following times:
` Tuesday, August 28 from 2-6 pm EST; or
` Wednesday, August 29 any time.
`
`
`
`Respectfully,
`
`
`Eagle Robinson
`Lead counsel for Patent Owner
`
`
`
`Eagle Robinson | Partner
`Norton Rose Fulbright US LLP
`98 San Jacinto Boulevard, Suite 1100, Austin, Texas 78701-4255, United States
`Tel +1 512 536 3083 | Fax +1 512 536 4598
`eagle.robinson@nortonrosefulbright.com
`
`NORTON ROSE FULBRIGHT
`
`Law around the world
`nortonrosefulbright.com
`
`
`CONFIDENTIALITY NOTICE: This email, including any attachments, is confidential and may be
`privileged. If you are not the intended recipient please notify the sender immediately, and please delete it;
`you should not copy it or use it for any purpose or disclose its contents to any other person. Norton Rose
`Fulbright entities reserve the right to monitor all email communications through their networks.
`
`Norton Rose Fulbright Australia, Norton Rose Fulbright LLP, Norton Rose Fulbright Canada LLP, Norton
`Rose Fulbright South Africa Inc and Norton Rose Fulbright US LLP are separate legal entities and all of
`
`
`
`them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps
`coordinate the activities of the members but does not itself provide legal services to clients. Details of
`each entity, with certain regulatory information, are available at nortonrosefulbright.com.
`
`
`
`