`To:
`
`Subject:
`Date:
`
`Morton, Phillip
`Trials; Keefe, Heidi; Schwier, Lisa F; ryan@etheridgelaw.com; Sean Burdick; Brett Mangrum; Jim Etheridge; Jeff
`Huang
`RE: IPR2018-00747 and -00748 Conference Call
`Wednesday, August 15, 2018 6:05:53 PM
`
`Trials:
`
`We write following up on the conference call with the Board on August 10, 2018, during which the
`Board discussed the impact of SAS Institute, Inc. v. Iancu, 138 S.Ct. 134 (2018) on IPR petitions
`seeking joinder on fewer than all of the claims instituted in an underlying IPR petition. The Board
`expressed the view that a petitioner cannot join fewer than all instituted claims, and thus, inquired
`as to whether the Petitioner would prefer to join as to all instituted claims, or withdraw its IPR
`joinder petitions.
`The Board asked that Facebook and WhatsApp provide an email with their position no later than
`Wednesday, August 15th.
`
`In view of the Board’s position regarding the SAS decision, Facebook and WhatsApp notify the Board
`that they elect to withdraw their petitions in IPR2018-00747 and IPR2018-00748.
`
`Best,
`Phil Morton
`Counsel for Facebook and WhatsApp
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Friday, August 10, 2018 12:33 PM
`To: Morton, Phillip <pmorton@cooley.com>; Keefe, Heidi <hkeefe@cooley.com>; Schwier, Lisa F
`<lschwier@cooley.com>; ryan@etheridgelaw.com; Sean Burdick <sean.burdick@unilocusa.com>;
`Brett Mangrum <brett@etheridgelaw.com>; Jim Etheridge <jim@etheridgelaw.com>; Jeff Huang
`<jeff@etheridgelaw.com>
`Cc: Trials <Trials@USPTO.GOV>
`Subject: RE: IPR2018-00747 and -00748 Conference Call
`
`Mr. Morton,
`
`The conference call is confirmed. Please use the call-in number and passcode
`provided below.
`
`Please email trials@uspto.gov with any questions or concerns.
`
`Carrie M. Johnson
`Detailee Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`
`U.S. Patent and Trademark Office
`Phone: (571) 272-5169
`Email: carrie.johnson@uspto.gov
`
`
`
`From: Morton, Phillip <pmorton@cooley.com>
`Sent: Friday, August 10, 2018 10:42 AM
`To: Johnson, Carrie <Carrie.Johnson@USPTO.GOV>; Keefe, Heidi <hkeefe@cooley.com>; Schwier,
`Lisa F <lschwier@cooley.com>; ryan@etheridgelaw.com; Sean Burdick
`<sean.burdick@unilocusa.com>; Brett Mangrum <brett@etheridgelaw.com>; Jim Etheridge
`<jim@etheridgelaw.com>; Jeff Huang <jeff@etheridgelaw.com>
`Cc: Trials <Trials@USPTO.GOV>
`Subject: Re: IPR2018-00747 and -00748 Conference Call
`
`Ms. Johnson-
`
`The parties have conferred and Monday, August 13, 2018 at 2pm ET works for all parties. Please let
`us know if that time works for the panel.
`
`Best,
`Phil Morton
`Counsel for Facebook and WhatsApp
`
`Phillip E. Morton
`Cooley LLP
`+1 202 728 7055 office
`+1 703 298 2746 mobile
`pmorton@cooley.com
`
`
`
`From: "Johnson, Carrie" <Carrie.Johnson@USPTO.GOV>
`Date: Friday, August 10, 2018 at 6:29 AM
`To: Heidi Keefe <hkeefe@cooley.com>, "Morton, Phillip" <pmorton@cooley.com>, "Schwier,
`Lisa F" <lschwier@cooley.com>, "ryan@etheridgelaw.com" <ryan@etheridgelaw.com>, Sean
`Burdick <sean.burdick@unilocusa.com>, Brett Mangrum <brett@etheridgelaw.com>, Jim
`Etheridge <jim@etheridgelaw.com>, Jeff Huang <jeff@etheridgelaw.com>
`Cc: Trials <Trials@USPTO.GOV>
`Subject: IPR2018-00747 and -00748 Conference Call
`
`Counsel,
`
`The panel requests that the parties to IPR2018-00747 and IPR2018-00748
`
`
`
`attend a conference call today, Friday, August 10, 2018 at 12:30 pm Eastern
`to discuss petitioner’s request for joinder in view of the SAS v. Iancu decision. If
`counsel is not available at the requested time, the parties are directed to meet
`and confer and propose alternate times at which all parties are available.
`
`Call-in number: 866-902-3546
`Passcode: 4343340
`
`Please direct all communications to trials@uspto.gov and to confirm your
`attendance.
`
`Carrie M. Johnson
`Detailee Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`Phone: (571) 272-5169
`Email: carrie.johnson@uspto.gov
`
`
`
`This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any
`unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply
`email and destroy all copies of the original message. If you are the intended recipient, please be advised that the content of this message
`is subject to access, review and disclosure by the sender's Email System Administrator.
`
`This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any
`unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply
`email and destroy all copies of the original message. If you are the intended recipient, please be advised that the content of this message
`is subject to access, review and disclosure by the sender's Email System Administrator.
`
`
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