`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Counsel,
`
`Caplan, Jonathan S. <JCaplan@KRAMERLEVIN.com>
`Thursday, June 14, 2018 2:56 PM
`Redjaian, Babak; McPhie, David; Yorks, Ben; #FraunhoferIPRs [Int]
`Caplan, Jonathan S.; KL Sirius XM IPR Team
`IPR2018-00681, IPR2018-00682
`
`Sirius XM intends to request the opportunity to file a reply to Patent Owner’s Preliminary Responses in IPR Nos. 2018‐
`00681 and 2018‐00682 on the issues identified below. Please let us know if Patent Owner consents. If so, Sirius XM
`would propose to submit a reply within two weeks.
`
`IPR2018‐00681
`
`1.
`
`2.
`
`Patent Owner incorrectly asserts that Sirius XM was required to identify Sirius XM Holdings and Liberty
`Media as real parties in interest. Sirius XM will explain through case law and company information that
`neither Sirius XM Holdings nor Liberty Media is a real party interest.
`
` Patent Owner presents a legally erroneous proposal for the construction of the preamble of the ‘997
`Patent. Sirius XM will explain the correct view of the law to be applied for the construction.
`
`IPR2018‐00682
`
`1.
`
`2.
`
`Patent Owner incorrectly asserts that Sirius XM was required to identify Sirius XM Holdings and Liberty
`Media as real parties in interest. Sirius XM will explain through case law and company information that
`neither Sirius XM Holdings nor Liberty Media is a real party interest.
`
` Patent Owner presents an erroneous view of Federal Circuit case law relating to applicant’s concessions
`during prosecution. Sirius XM will explain the correct view of Federal Circuit case law applicable to applicant’s
`actions during prosecution.
`
`Please provide your response no later than close of business on Monday June 18 and provide times that you are
`available for a call with the Board next week. We are available for a meet and confer early next week.
`
`Regards,
`
`Jonathan
`
`Jonathan S. Caplan
`Partner, Co-chair, Intellectual Property
`
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas, New York, New York 10036
`T 212.715.9488 M 973.420.5047 F 212.715.7718
`jcaplan@kramerlevin.com
`
`1
`
`Fraunhofer Ex 2024-p 1
`Sirius v Fraunhofer
`IPR2018-00681
`
`
`
`Bio
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`2
`
`Fraunhofer Ex 2024-p 2
`Sirius v Fraunhofer
`IPR2018-00681
`
`
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