From: Brett Mangrum brett@etheridgelaw.com
`Subject: RE: IPR2018-00884: Dr. Easttom Deposition
`Date: March 7, 2019 at 7:21 AM
`To: Paul Hart paul.hart@eriseip.com
`Cc: Danny Butts danny@etheridgelaw.com, Ryan Loveless ryan@etheridgelaw.com, Jeff Huang jeff@etheridgelaw.com,
`Jim Etheridge jim@etheridgelaw.com, Adam Seitz adam.seitz@eriseip.com
`
`Paul:
`
`As we stated in prior communica4on, the Patent Owner Response ONLY cites Dr. Eas?om’s
`declara4on (EX2001 ¶¶ 8-9) for the sole proposi4on that “a POSITA would understand that the
`en4ty intercep4ng a message would not be one of the intended recipients of that message.” Our
`posi4on is that it would be a waste of the par4es resources to schedule a deposi4on that, under
`the rules, must be restricted to that sole proposi4on. Indeed, Pe44oner has not indicated
`whether that straighTorward proposi4on is even disputed. Please do so. Given your insistence in
`scheduling a deposi4on, we can only assume that you intend to expand the scope of the
`deposi4on beyond what the rules allow. Please clarify your posi4on as to the scope and the
`authority in support of your posi4on. Alterna4vely, and in the interest of compromise, we would
`not be opposed to you submiXng a limited number of interrogatory ques4ons directed to the
`single proposi4on for which the declara4on is cited.
`
`Regards,
`Bre?
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Wednesday, March 6, 2019 2:58 PM
`To: Bre? Mangrum <bre?@etheridgelaw.com>
`Cc: Danny Bu?s <danny@etheridgelaw.com>; Ryan Loveless <ryan@etheridgelaw.com>; Jeff
`Huang <jeff@etheridgelaw.com>; Jim Etheridge <jim@etheridgelaw.com>; Adam Seitz
`<adam.seitz@eriseip.com>
`Subject: Re: IPR2018-00884: Dr. Eas?om Deposi4on
`
`Bre?,
`
`PuXng this back to the top of your inbox. Please let us know Uniloc’s posi4on.
`
`To the extent we do not hear from you on this issue, your silence will be interpreted as
`confirma4on that (1) you will not provide Dr. Eas?om for cross examina4on and (2) you will not
`oppose a mo4on to strike his declara4on and any references or cita4ons thereto following the
`close of our discovery period.
`
`Best,
`
`PaulPaul Hart | Shareholder
`Erise IP, P.A.
`Suite 200
`Greenwood Village, CO 80111
`(main) 913-777-5600
`
`5600 Greenwood Plaza Blvd.
`
`IPR2018-00884
`Apple Inc. EX1018 Page 1
`
`

`

`(main) 913-777-5600
`(direct) 720-689-5441
`paul.hart@eriseip.com
`(fax) 913-777-5601
`www.eriseip.com
`
`
`
`
`
`
`On Feb 28, 2019, at 9:43 AM, Paul Hart <paul.hart@eriseip.com> wrote:
`
`Bre?,
`
`Given the Court’s ruling (a?ached) that striking Eas?om’s declara4on is premature
`prior to the expira4on of our discovery period, we wanted to follow up with you all
`on next steps. To the extent that you are maintaining your prior posi4on, please
`confirm that (1) you will not provide Dr. Eas?om for cross examina4on and (2) you
`will not oppose a mo4on to strike his declara4on and any references or cita4ons
`thereto following the close of our discovery period. Otherwise, please provide dates
`of availability for Dr. Eas?om so Pe44oner can take his deposi4on in advance of our
`Reply.
`
`Best,
`Paul
`
` Paul Hart | Shareholder
`Erise IP, P.A.
`Suite 200
`Greenwood Village, CO 80111
`(main) 913-777-5600
`(direct) 720-689-5441
`paul.hart@eriseip.com
`(fax) 913-777-5601
`www.eriseip.com
`
`5600 Greenwood Plaza Blvd.
`
`
`
`<Order denying mo4on to strike Eas?om's Dec.pdf>
`
`
`On Feb 21, 2019, at 9:44 AM, Paul Hart <paul.hart@eriseip.com>
`wrote:
`
`Bre?,
`
`Here’s what we intend to send the Board by COB this apernoon:
`
`
`IPR2018-00884
`Apple Inc. EX1018 Page 2
`
`

`

`
`>>>
`In IPR2018-00884, Pe44oner Apple respecTully requests permission to
`file an Unopposed Mo4on to Strike under 37 CFR 42.5(a) and 42.20(a).
`Specifically, the Pe44oner seeks to strike the Eas?om Declara4on
`(Exhibit 2001) and all references or cita4ons to the declara4on in any
`filing as an alterna4ve to making the declarant available for cross-
`examina4on. Pe44oner and Patent Owner have conferred, and Patent
`Owner indicates that they do not oppose the mo4on.
`
`If needed, Pe44oner and Patent Owner are available for a Board call on
`Monday or Tuesday next week (2/25 or 2/26) between 11:00am and
`3pm EDT.
`>>>
`
` Paul Hart | Shareholder
`Erise IP, P.A.
`Suite 200
`Greenwood Village, CO 80111
`(main) 913-777-5600
`(direct) 720-689-5441
`paul.hart@eriseip.com
`(fax) 913-777-5601
`www.eriseip.com
`
`5600 Greenwood Plaza Blvd.
`
`
`
`
`
`
`On Feb 21, 2019, at 7:00 AM, Bre? Mangrum
`<bre?@etheridgelaw.com> wrote:
`
`Paul,
`
`Please provide us a drap copy of the email you intend to
`send to the Board. While we do not believe a call with the
`Board is necessary, we can make ourselves available
`either Monday or Tuesday of next week from 10am to
`2pm (CST).
`
`Regards,
`Bre?
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Wednesday, February 20, 2019 11:52 AM
`To: Bre? Mangrum <bre?@etheridgelaw.com>
`Cc: Danny Bu?s <danny@etheridgelaw.com>; Ryan
`
`IPR2018-00884
`Apple Inc. EX1018 Page 3
`
`

`

`Cc: Danny Bu?s <danny@etheridgelaw.com>; Ryan
`Loveless <ryan@etheridgelaw.com>; Jeff Huang
`<jeff@etheridgelaw.com>; Jim Etheridge
`<jim@etheridgelaw.com>; Adam Seitz
`<adam.seitz@eriseip.com>
`Subject: Re: IPR2018-00884: Dr. Eas?om Deposi4on
`
`Counsel,
`
`We’ve had a chance to confer with our client, and we
`agree that an unopposed mo4on to strike Dr. Eas?om’s
`declara4on and any references or cita4ons thereto is an
`acceptable alterna4ve to cross examina4on. We’ll reach
`out to the Board to request permission for the filing. To
`the extent they would like to convene a conference call to
`discuss, what’s your availability next week? We can
`generally make ourselves available at any 4me next week.
`
`Best,
`Paul
`
` Paul Hart | Shareholder
`Erise IP, P.A.
`Suite 200
`Greenwood Village, CO 80111
`(main) 913-777-5600
`(direct) 720-689-5441
`paul.hart@eriseip.com
`(fax) 913-777-5601
`www.eriseip.com
`
`5600 Greenwood Plaza Blvd.
`
`
`
`
`
`
`On Feb 7, 2019, at 2:07 PM, Bre? Mangrum
`<bre?@etheridgelaw.com> wrote:
`
`Counsel,
`
`Uniloc cites to Dr. Eas?om’s declara4on
`solely for the proposi4on that “a POSITA
`would understand that the en4ty
`intercep4ng a message would not be one of
`the intended recipients of that message.
`EX2001 ¶¶ 8-9. In other words, a POSITA
`would understand that the device that is
`
`IPR2018-00884
`Apple Inc. EX1018 Page 4
`
`

`

`would understand that the device that is
`intercep4ng a message would be a third
`party to the intended recipients of that
`message.”
`
`Under these circumstances, Uniloc believes
`a cross examina4on of Dr. Eas?om is a waste
`of the par4es’ 4me and resources. If you
`s4ll disagree, Uniloc would not oppose a
`mo4on to strike Dr. Eas?om’s declara4on.
`
`Regards,
`Bre?
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Tuesday, February 5, 2019 3:07 PM
`To: Danny Bu?s
`<danny@etheridgelaw.com>; Ryan Loveless
`<ryan@etheridgelaw.com>; Bre? Mangrum
`<bre?@etheridgelaw.com>; Jeff Huang
`<jeff@etheridgelaw.com>; Jim Etheridge
`<jim@etheridgelaw.com>
`Cc: Adam Seitz <adam.seitz@eriseip.com>
`Subject: IPR2018-00884: Dr. Eas?om
`Deposi4on
`
`Counsel,
`
`We would like to schedule Dr. Eas?om’s
`deposi4on in IPR2018-00884. The week of
`March 18 works well on our end. Please let
`us know if Dr. Eas?om is available any day
`that week.
`
`Thanks very much.
`
`Best,
`Paul
`
`
`
`
` Paul Hart | Shareholder
`Erise IP, P.A.
`Suite 200
`Greenwood Village, CO 80111
`(main) 913-777-5600
`(direct) 720-689-5441
`paul.hart@eriseip.com
`(fax) 913-777-5601
`www.eriseip.com
`
`5600 Greenwood Plaza Blvd.
`
`IPR2018-00884
`Apple Inc. EX1018 Page 5
`
`

`

`
`
`
`Confidentiality Statement
`This email message and any attached files are confidential and are intended
`solely for the use of the addressee(s) named above. This communication
`may contain material protected by attorney-client, work product, or other
`privileges. If you are not the intended recipient or person responsible for
`delivering this confidential communication to the intended recipient, you have
`received this communication in error, and any review, use,
`dissemination, forwarding, printing, copying, or other distribution of this email
`message and any attached files is strictly prohibited. Erise IP, P.A. reserves
`the right to monitor any communication that is created, received, or sent on
`its network. If you have received this confidential communication in
`error, please notify the sender immediately by reply email message and
`permanently delete the original message.
`
`
`
`Confidentiality Statement
`This email message and any attached files are confidential and are intended solely for the use of
`the addressee(s) named above. This communication may contain material protected by attorney-
`client, work product, or other privileges. If you are not the intended recipient or person
`responsible for delivering this confidential communication to the intended recipient, you have
`received this communication in error, and any review, use, dissemination, forwarding, printing,
`copying, or other distribution of this email message and any attached files is strictly prohibited. Erise
`IP, P.A. reserves the right to monitor any communication that is created, received, or sent on its
`network. If you have received this confidential communication in error, please notify the sender
`immediately by reply email message and permanently delete the original message.
`
`
`
`
`
`
`
`Confidentiality Statement
`This email message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. This communication may contain
`material protected by attorney-client, work product, or other privileges. If you are not the intended recipient or person responsible for delivering this
`confidential communication to the intended recipient, you have received this communication in error, and any review, use, dissemination, forwarding, printing, copying,
`or other distribution of this email message and any attached files is strictly prohibited. Erise IP, P.A. reserves the right to monitor any communication that is created,
`received, or sent on its network. If you have received this confidential communication in error, please notify the sender immediately by reply email message and
`permanently delete the original message.
`
`IPR2018-00884
`Apple Inc. EX1018 Page 6
`
`

`

`IPR2018-00884
`Apple Inc. EX1018 Page 7
`
`IPR2018-00884
`Apple Inc. EX1018 Page 7
`
`