Vakili, Kamran
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`Attachments:
`
`Your Honors,
`
`Price, Jeffrey H. <JPrice@KRAMERLEVIN.com>
`Thursday, February 7, 2019 2:00 PM
`'Trials'
`Caplan, Jonathan S.; Baghdassarian, Mark; ~Hedvat, Shannon; McPhie, David; Yorks,
`Ben; Redjaian, Babak; Vakili, Kamran
`IPR2018-00681, -00682, -00689, -00690 - Supplemental Authority
`IPR2018-00425 - Decision.PDF
`
`Petitioner, Sirius XM Radio, Inc., writes to notify the panel of supplemental authority bearing on Petitioner’s
`outstanding Requests for Rehearing in the above-identified cases.
`
`The attached decision, ZTE (USA) Inc. v. Fundamental Innovation Systems Int’l LLC, IPR2018-00425, Paper 34
`(February 6, 2019), provides further legal support for Petitioner’s request that, in the event the Board considers
`Petitioner’s original identification of real parties in interest to be inadequate, the Board permit Petitioner to
`amend its Mandatory Notices to identify additional real parties in interest without changing the Petitions’ filing
`dates.
`
`This new decision fully supports Petitioner’s aforementioned request first made in its Reply to Patent Owner’s
`Preliminary Responses and repeated in each of its Requests for Rehearing. See, e.g., IPR2018-00681, Paper 9 at
`3-4 and Paper 13 at 7-15. In particular, after the Board found that the petitioner had failed to identified all real
`parties in interest, the Board concluded that “[o]n the whole, we find it in the interest of justice to allow
`Petitioner to update its mandatory notices, while maintaining the proceeding’s original filing date. Doing so
`furthers the purpose of 35 U.S.C. § 312(a)(2) and avoids significant prejudice to Petitioner (i.e., dismissal of its
`Petition), without undue prejudice to Patent Owner.” ZTE at 8.
`
`Petitioner does not believe any briefing regarding this supplemental authority is necessary. However, should the
`Board seek briefing on this authority, Petitioner would be happy to provide such a submission. Patent Owner’s
`counsel, copied on this communication, indicated that they object.
`
`Best regards,
`Jeff Price
`Counsel for Petitioner, Sirius SM Radio, Inc.
`
`Jeffrey H. Price
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas, New York, New York 10036
`T 212.715.7502 F 212.715.8302
`jprice@kramerlevin.com
`
`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.
`
`1
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`Fraunhofer Ex 2029-p 1
`Sirius v Fraunhofer
`IPR2018-00681
`
`