`To:
`Subject:
`Date:
`
`Wilburn, Althea
`Quinn, Miriam; Begley, Kerry; Boudreau, Charles
`FW: Conference Call - IPR2017-01611, 01612, 01634, 01635 & 01636 - Wednesday, September 6 @ 3pmET
`Friday, September 08, 2017 10:13:56 AM
`
`FYI
`
`From: Brett Mangrum [mailto:brett@etheridgelaw.com]
`Sent: Friday, September 08, 2017 9:29 AM
`To: Schwier, Lisa F <lschwier@cooley.com>; Wilburn, Althea <Althea.Wilburn@USPTO.GOV>
`Cc: Brett Mangrum <brett.mangrum@unilocusa.com>; Ryan Loveless <ryan@etheridgelaw.com>;
`Morton, Phillip <pmorton@cooley.com>; Jim Etheridge <jim@etheridgelaw.com>; Weinstein, Mark
`<mweinstein@cooley.com>; Keefe, Heidi <hkeefe@cooley.com>
`Subject: RE: Conference Call - IPR2017-01611, 01612, 01634, 01635 & 01636 - Wednesday,
`September 6 @ 3pmET
`
`Thank you Lisa for that correction. Our confusion on the numbering arose in part from a discussion
`of matters not mentioned in the subject line of the conference call invite. Patent Owner also agrees
`to an accelerated preliminary response date for Joinder Petitions -1611 and -1612 with the
`understanding that the same stipulations by Joinder Petitioners apply.
`
`From: Schwier, Lisa F [mailto:lschwier@cooley.com]
`Sent: Friday, September 8, 2017 7:29 AM
`To: Wilburn, Althea <Althea.Wilburn@USPTO.GOV>; Brett Mangrum <brett@etheridgelaw.com>
`Cc: Brett Mangrum <brett.mangrum@unilocusa.com>; Ryan Loveless <ryan@etheridgelaw.com>;
`Morton, Phillip <pmorton@cooley.com>; Jim Etheridge <jim@etheridgelaw.com>; Weinstein, Mark
`<mweinstein@cooley.com>; Keefe, Heidi <hkeefe@cooley.com>
`Subject: RE: Conference Call - IPR2017-01611, 01612, 01634, 01635 & 01636 - Wednesday,
`September 6 @ 3pmET
`
`Good morning Brett and Althea,
`
`The Petitions in IPR2017-01611 and IPR2017-01612 were filed by Snap and seek joinder with the
`existing trials on the ‘433 and ‘890 patents, respectively. Joinder Petitioners believe these petitions
`should be addressed using the procedure adopted for the Patent Owner's response to IPR2017-
`01634, -01635, and -01636 (including the adoption of an accelerated schedule).
`
`As discussed during the call with the Board, IPR2017-01667 and IPR-01668 are original petitions
`relating to the ‘622 patent. As they are not joinder petitions, there is no need to adjust the
`scheduled dates for filing the patent owner's preliminary responses to these petitions.
`
`Regards,
`
`Lisa Fuller Schwier, Ph.D.
`Cooley LLP
`202-842-7876
`
`
`
`
`From: Wilburn, Althea [mailto:Althea.Wilburn@USPTO.GOV]
`Sent: Friday, September 8, 2017 7:31 AM
`To: Brett Mangrum <brett@etheridgelaw.com>
`Cc: Brett Mangrum <brett.mangrum@unilocusa.com>; Ryan Loveless <ryan@etheridgelaw.com>;
`Morton, Phillip <pmorton@cooley.com>; Jim Etheridge <jim@etheridgelaw.com>; Weinstein, Mark
`<mweinstein@cooley.com>; Keefe, Heidi <hkeefe@cooley.com>; Schwier, Lisa F
`<lschwier@cooley.com>
`Subject: RE: Conference Call - IPR2017-01611, 01612, 01634, 01635 & 01636 - Wednesday,
`September 6 @ 3pmET
`
`Good Morning,
`
`This email has been forwarded to the panel. Once the panel confers an answer will be given
`regarding this matter.
`
`Thanks,
`
`Althea
`
`From: Brett Mangrum [mailto:brett@etheridgelaw.com]
`Sent: Thursday, September 07, 2017 6:48 PM
`To: Wilburn, Althea <Althea.Wilburn@USPTO.GOV>
`Cc: Brett Mangrum <brett.mangrum@unilocusa.com>; Ryan Loveless <ryan@etheridgelaw.com>;
`pmorton@cooley.com; Jim Etheridge <jim@etheridgelaw.com>; Weinstein, Mark
`<mweinstein@cooley.com>; hkeefe@cooley.com; lschwier@cooley.com
`Subject: FW: Conference Call - IPR2017-01611, 01612, 01634, 01635 & 01636 - Wednesday,
`September 6 @ 3pmET
`
`Pursuant to the Board’s request, made during the Sept. 9 conference call, that counsel determine
`whether Patent Owner would agree to an accelerated schedule on certain matters, counsel for
`Patent Owner reports as follows:
`
`With the understanding that the Joinder Petitioners have stipulated that the Joinder Petitions filed in
`IPR2017-01634, -01635, and -01636 are identical to their respective original Petition submissions
`(except where they seek review as to only a subset of the claims upon which inter partes review has
`been instituted), and that the Joinder Petitioners have stipulated to a circumscribed “understudy”
`role without a separate opportunity to actively participate while the original petitioner remains
`active, Patent Owner agrees to an accelerated schedule for the preliminary response due date in
`these three matters. We understand the Board will be providing instructions and a new deadline for
`the expected notices that will be filed in place of a preliminary response.
`
`Given that the other petitions (IPR2017-01611 & 01612) discussed during the conference are not
`Joinder Petitions, Patent Owner understands that the due dates for preliminary responses in those
`matters will remain unchanged.
`
`
`
`
`Respectfully,
`
`Counsel for Patent Owner
`Brett Mangrum
`Reg. No. 64,783
`
`On Sep 5, 2017, at 2:38 PM, Wilburn, Althea
`<Althea.Wilburn@USPTO.GOV<mailto:Althea.Wilburn@USPTO.GOV>> wrote:
`
`Good Afternoon,
`
`A conference call has been scheduled with the Board for September 6, 2017 at 3:00pm
`ET.
`
`The call in number for the call is (866)902-3546 and the passcode is 4343340.
`
`***PLEASE CONFIRM RECEIPT***
`
`If you have any questions, please feel free to contact me.
`
`Thanks,
`
`Althea L. Wilburn
`Trial Paralegal
`Patent Trial and Appeal Board
`USPTO
`althea.wilburn@uspto.gov<mailto:althea.wilburn@uspto.gov>
`Direct: 571-272-6230
`Patent Trial and Appeal Board: 571-272-7822
`
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