`Sent:
`To:
`Cc:
`Subject:
`
`RE: IPR2018‐00788
`
`KLittman@foley.com
`Tuesday, May 14, 2019 4:57 PM
`Trials
`Lee, Roger; Walters, Todd; Markowski, Mythili; Luttrell, Amy; ExocadIPR@foley.com
`IPR2018-00788
`
`Petitioner requests authorization from the Board to file a motion to strike two portions of Patent Owner’s Sur‐Reply
`(Paper 31):
`
`(1) Patent Owner’s claim construction argument at pages 3‐4 (starting at the first full paragraph on page 3, beginning
`with words “Where both …”) addressing the part of the Board’s construction in the Institution Decision in which the
`Board stated that its construction “does not preclude subsequent merging or fusing together of the separate data
`representations after alignment, provided the 2D image and the 3D model remain separate at least momentarily after
`having been ‘aligned’” (Paper 7 at 8‐9); and
`
`(2) Section II(C).
`
`Petitioner believes that such portions of Patent Owner’s Sur‐Reply contain new arguments that were not presented in
`the Response (Paper 23), and thus are improperly raised for the first time in Patent Owner’s Sur‐Reply.
`
`Petitioner has met and conferred with Patent Owner. Patent Owner has indicated that it opposes the filing of the
`motion to strike. The parties are available for a conference call on Thursday (5/16) or Friday (5/17) from 1:00‐4:00 PM
`ET.
`
`Respectfully submitted,
`Kevin Littman
`Counsel for Petitioner
`
`Kevin M. Littman
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199-7610
`P 617.342.4020
`
`View My Bio
`Visit Foley.com
`
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`this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and
`1
`IPR2018-00788
`Ex. 3001
`
`
`
`(iii) erase or destroy the message and any attachments or copies. Any disclosure, copying, distribution or
`reliance on the contents of this message or its attachments is strictly prohibited, and may be unlawful.
`Unintended transmission does not constitute waiver of the attorney-client privilege or any other privilege. Legal
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`means.
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