`Sent: Wednesday, December 12, 2018 12:54 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: jday@fbm.com; dcallaway@fbm.com; llam@keker.com; calendar@fbm.com; Schroeder, Jacob
`<Jacob.Schroeder@finnegan.com>; Bell, Cory <Cory.Bell@finnegan.com>; Klodowski, Daniel
`<Daniel.Klodowski@finnegan.com>; jsferrell@carrferrell.com; wyamazaki@carrferrell.com; Promptu-
`Systems-IPRs <Promptu-Systems-IPRs@finnegan.com>
`Subject: Request for Authorization to File Sur-Replies to Petitioner’s Replies (IPR2018-00340 through -
`00345)
`
`Dear PTAB,
`
`Consistent with the guidance in the August 2018 update to the Trial Practice Guide that sur-replies to
`principal briefs (i.e., to a reply to a patent owner response or to a reply to an opposition to a motion to
`amend) will now normally be authorized and essentially replace the previous practice of filing
`observations on cross-examination testimony, Patent Owner requests authorization to file sur-replies in
`each of these cases instead of observations. As contemplated by the revised trial practice guide, such
`sur-replies would be subject to the same word limits as the replies (i.e., 5,600 words), and would be
`limited in scope to responding to arguments made in the petitioner’s replies and, if necessary, the
`institution decisions. Patent Owner could file the sur-replies on the dates the observations would
`otherwise be due.
`
`Petitioner opposes Patent Owner’s request.
`
`If the Board believes a call is necessary, the parties are available tomorrow, December 13, 2018, before
`4pm Eastern, and any time on Friday, December 14, 2018.
`
`Best regards,
`Joshua L. Goldberg, Reg. No. 59,369
`Lead Counsel for Patent Owner
`
`Joshua L. Goldberg
`Partner and Attorney at Law
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW, Washington, DC 20001-4413
`202.408.6092 | fax 202.408.4400 | joshua.goldberg@finnegan.com
`www.finnegan.com | Bio | LinkedIn | PTAB Guidebook
`
`
`
`
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