Vakili, Kamran
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`Attachments:
`
`Your Honors,
`
`Caplan, Jonathan S. <JCaplan@KRAMERLEVIN.com>
`Friday, December 7, 2018 12:53 PM
`trials@uspto.gov
`Redjaian, Babak; McPhie, David; Yorks, Ben; #FraunhoferIPRs [Int]; Caplan, Jonathan S.;
`~Hedvat, Shannon; Baghdassarian, Mark; Price, Jeffrey H.
`IPR Nos. 2018-00681, 2018-00682, 2018-00689, 2018-00690
`Google v. Seven Networks - PTAB-IPR2018-01117-1056.pdf
`
`Petitioner Sirius XM Radio Inc. respectfully requests authorization to submit a Notice of Supplemental
`Authority and argument regarding the recent Institution Decision in Google LLC v. Seven Networks, LLC, Case
`No. IPR2018-01117, Paper No. 20 (November 19, 2018) (publicly available on November 27, 2018). In
`particular, Petitioner requests permission to address the following regarding the Google Decision as they are
`highly relevant to Petitioner’s pending Requests for Rehearing in each of the above-referenced petitions:
`
`•
`
`•
`
`Petitioner will explain that the law set forth in Google demonstrates that (1) under the Board’s current
`Institution Decisions in each of the instant proceedings where the Board concluded that Liberty Media
`and Sirius XM Holdings are real parties in interest, Sirius XM should have been afforded the
`opportunity to amend those disclosures without any effect on the filing date of the petitions and (2) in
`any event, neither Liberty Media nor Sirius XM Holdings is a real party in interest.
`
`Petitioner will explain that the Board’s discussion of this case in Google is misplaced and, in any event,
`irrelevant to Sirius XM’s right to be afforded an opportunity to amend its disclosures.
`
`Based on correspondence with Patent Owner, Patent Owner has indicated that it opposes Sirius XM’s request.
`
`Respectfully submitted,
`
`Jonathan S. Caplan
`Lead Counsel for Petitioner, Sirius XM Radio Inc.
`
`Jonathan S. Caplan
`Partner and 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
`
`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
`
`Fraunhofer Ex 2028-p 1
`Sirius v Fraunhofer
`IPR2018-00682
`
`