From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Redjaian, Babak
`"trials@uspto.gov"
`McPhie, David; Yorks, Ben; #FraunhoferIPRs [Int]; Caplan, Jonathan S.; Baghdassarian, Mark; Price, Jeffrey H.;
`Hedvat, Shannon H.; Redjaian, Babak
`[EXTERNAL] RE: IPR Nos. 2018-00681, 2018-00682, 2018-00689, 2018-00690
`Tuesday, January 15, 2019 5:41:56 PM
`
`Your Honors,
`
`Patent Owner Fraunhofer opposes Petitioner’s request for yet additional briefing on the RPI issue.
`Each party has now had three opportunities to file written submissions regarding the RPI disclosure
`requirement, and there is no reason at this point for a fourth round. Petitioner’s email merely cites
`a recent non-precedential panel decision (Google), which does not set forth any new principle of
`law that did not already exist at the time of the parties’ earlier submissions. Moreover, the
`Precedential Opinion Panel has already denied Petitioner’s request for further review of the RPI
`issue. Accordingly, Petitioner’s request for a fourth round of briefing on the RPI issue should be
`denied.
`
`Respectfully submitted,
`Babak Redjaian
`Counsel for Patent Owner
`
`From: Hedvat, Shannon H. <SHedvat@KRAMERLEVIN.com>
`Sent: Tuesday, January 15, 2019 2:02 PM
`To: 'trials@uspto.gov' <trials@uspto.gov>
`Cc: Redjaian, Babak <BRedjaian@irell.com>; McPhie, David <DMcPhie@irell.com>; Yorks, Ben
`<BYorks@irell.com>; #FraunhoferIPRs [Int] <FraunhoferIPRs@irell.com>; Caplan, Jonathan S.
`<JCaplan@KRAMERLEVIN.com>; Baghdassarian, Mark <MBaghdassarian@KRAMERLEVIN.com>;
`Price, Jeffrey H. <JPrice@KRAMERLEVIN.com>
`Subject: IPR Nos. 2018-00681, 2018-00682, 2018-00689, 2018-00690
`
`Your Honors,
`
`Petitioner Sirius XM Radio Inc. (“SXM”) respectfully requests an opportunity to reply to
`Patent Owner’s Response to SXM’s Requests for Rehearing in each of the above-referenced
`actions. SXM previously submitted a request, on December 7, 2018, seeking authorization to
`submit a Notice of Supplemental Authority and argument regarding the 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). However, the Board did not address
`SXM’s request to be heard on this issue when inviting Fraunhofer to provide responses to
`SXM’s Requests for Rehearing in its Order dated December 21, 2018. In light of Patent
`Owner’s recently filed Responses addressing the Google Decision, SXM respectfully requests
`the opportunity to respond with its position regarding Google’s relevance to its pending
`Requests for Rehearing.
`
`Based on correspondence with Patent Owner, Patent Owner has indicated that it opposes
`SXM’s request and has informed SXM that it “should be given an opportunity to file a
`response to any further written submission by Petitioner.”
`
`Petitioner Sirius XM Radio Inc. – Exhibit 1022, p. 1
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`

`

`
`Respectfully submitted,
`Shannon Hedvat
`Counsel for Petitioner
`
`Shannon H. Hedvat
`Associate
`
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas, New York, New York 10036
`T 212.715.9185 M 973.809.4768 F 212.715.8385
`shedvat@kramerlevin.com
`
`Bio
`
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`
`Petitioner Sirius XM Radio Inc. – Exhibit 1022, p. 2
`Sirius XM v. Fraunhofer – IPR2018-00690
`U.S. Patent No. 6,314,289
`
`