From: Paul Hart paul.hart@eriseip.com
`Subject: Re: IPR2018-00884: Dr. Easttom Deposition
`Date: March 7, 2019 at 12:46 PM
`To: Brett Mangrum brett@etheridgelaw.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
`
`Brett,
`You’ve submitted an expert declaration in this case and have relied on that declaration in your Patent Owner Response. Under the
`rules, we’re entitled to cross examine your expert in a deposition. The narrowness of your expert’s opinions on which you rely is
`irrelevant. We’re entitled a deposition and, if you won’t agree to strike his declaration and your reliance on that declaration, we want to
`proceed with his deposition.
`To the extent you are unwilling to provide dates of availability for Dr. Easttom, the only option is his testimony must be stricken. As we
`stated previously, either (i) provide dates for Dr. Easttom’s deposition or (ii) confirm that (1) you are refusing to make Dr. Easttom
`available for cross examination and that (2) you will not oppose a motion to strike his declaration and any references or citations
`thereto following the close of our discovery period.
`Best,
`
`PaulP"#$ H"'( | S+"',+-$.,'
`E'01, IP, P.A.
`Suite 200
`Greenwood Village, CO 80111
`(main) 913-777-5600
`(direct) 720-689-5441
`(fax) 913-777-5601
`paul.hart@eriseip.com
`www.eriseip.com
`
`5600 Greenwood Plaza Blvd.
`
`On Mar 7, 2019, at 8:21 AM, Brett Mangrum <brett@etheridgelaw.com> wrote:
`
`Paul:
`
`As we stated in prior communica<on, the Patent Owner Response ONLY cites Dr. EasFom’s
`declara<on (EX2001 ¶¶ 8-9) for the sole proposi<on that “a POSITA would understand that the
`en<ty intercep<ng a message would not be one of the intended recipients of that message.”
`Our posi<on is that it would be a waste of the par<es resources to schedule a deposi<on that,
`under the rules, must be restricted to that sole proposi<on. Indeed, Pe<<oner has not
`indicated whether that straighZorward proposi<on is even disputed. Please do so. Given your
`insistence in scheduling a deposi<on, we can only assume that you intend to expand the scope
`of the deposi<on beyond what the rules allow. Please clarify your posi<on as to the scope and
`the authority in support of your posi<on. Alterna<vely, and in the interest of compromise, we
`would not be opposed to you submi\ng a limited number of interrogatory ques<ons directed
`to the single proposi<on for which the declara<on is cited.
`
`Regards,
`BreF
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Wednesday, March 6, 2019 2:58 PM
`
`IPR2018-00884
`Apple Inc. EX1016 Page 1
`
`

`

`Sent: Wednesday, March 6, 2019 2:58 PM
`To: BreF Mangrum <breF@etheridgelaw.com>
`Cc: Danny BuFs <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. EasFom Deposi<on
`
`BreF,
`
`Pu\ng this back to the top of your inbox. Please let us know Uniloc’s posi<on.
`
`To the extent we do not hear from you on this issue, your silence will be interpreted as
`confirma<on that (1) you will not provide Dr. EasFom for cross examina<on and (2) you will not
`oppose a mo<on to strike his declara<on and any references or cita<ons thereto following the
`close of our discovery period.
`
`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 28, 2019, at 9:43 AM, Paul Hart <paul.hart@eriseip.com> wrote:
`
`BreF,
`
`Given the Court’s ruling (aFached) that striking EasFom’s declara<on is premature
`prior to the expira<on of our discovery period, we wanted to follow up with you all
`on next steps. To the extent that you are maintaining your prior posi<on, please
`confirm that (1) you will not provide Dr. EasFom for cross examina<on and (2) you
`will not oppose a mo<on to strike his declara<on and any references or cita<ons
`thereto following the close of our discovery period. Otherwise, please provide
`dates of availability for Dr. EasFom so Pe<<oner can take his deposi<on in advance
`of our Reply.
`
`Best,
`Paul
`
`IPR2018-00884
`Apple Inc. EX1016 Page 2
`
`

`

`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 mo<on to strike EasFom's Dec.pdf>
`
`
`On Feb 21, 2019, at 9:44 AM, Paul Hart <paul.hart@eriseip.com>
`wrote:
`
`BreF,
`
`Here’s what we intend to send the Board by COB this apernoon:
`
`>>>
`In IPR2018-00884, Pe<<oner Apple respecZully requests permission
`to file an Unopposed Mo<on to Strike under 37 CFR 42.5(a) and
`42.20(a). Specifically, the Pe<<oner seeks to strike the EasFom
`Declara<on (Exhibit 2001) and all references or cita<ons to the
`declara<on in any filing as an alterna<ve to making the declarant
`available for cross-examina<on. Pe<<oner and Patent Owner have
`conferred, and Patent Owner indicates that they do not oppose the
`mo<on.
`
`If needed, Pe<<oner 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.
`
`
`
`
`IPR2018-00884
`Apple Inc. EX1016 Page 3
`
`

`

`
`
`
`
`On Feb 21, 2019, at 7:00 AM, BreF Mangrum
`<breF@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,
`BreF
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Wednesday, February 20, 2019 11:52 AM
`To: BreF Mangrum <breF@etheridgelaw.com>
`Cc: Danny BuFs <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. EasFom Deposi<on
`
`Counsel,
`
`We’ve had a chance to confer with our client, and we
`agree that an unopposed mo<on to strike Dr. EasFom’s
`declara<on and any references or cita<ons thereto is an
`acceptable alterna<ve to cross examina<on. 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 <me next
`week.
`
`Best,
`Paul
`
` Paul Hart | Shareholder
`Erise IP, P.A.
`
`5600 Greenwood Plaza Blvd.
`
`IPR2018-00884
`Apple Inc. EX1016 Page 4
`
`

`

`5600 Greenwood Plaza Blvd.
`
`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
`
`
`
`
`
`
`On Feb 7, 2019, at 2:07 PM, BreF
`Mangrum <breF@etheridgelaw.com>
`wrote:
`
`Counsel,
`
`Uniloc cites to Dr. EasFom’s declara<on
`solely for the proposi<on that “a POSITA
`would understand that the en<ty
`intercep<ng 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
`intercep<ng a message would be a third
`party to the intended recipients of that
`message.”
`
`Under these circumstances, Uniloc believes
`a cross examina<on of Dr. EasFom is a
`waste of the par<es’ <me and resources. If
`you s<ll disagree, Uniloc would not oppose
`a mo<on to strike Dr. EasFom’s
`declara<on.
`
`Regards,
`BreF
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Tuesday, February 5, 2019 3:07 PM
`To: Danny BuFs
`<danny@etheridgelaw.com>; Ryan
`Loveless <ryan@etheridgelaw.com>; BreF
`Mangrum <breF@etheridgelaw.com>; Jeff
`Huang <jeff@etheridgelaw.com>; Jim
`
`IPR2018-00884
`Apple Inc. EX1016 Page 5
`
`

`

`Huang <jeff@etheridgelaw.com>; Jim
`Etheridge <jim@etheridgelaw.com>
`Cc: Adam Seitz <adam.seitz@eriseip.com>
`Subject: IPR2018-00884: Dr. EasFom
`Deposi<on
`
`Counsel,
`
`We would like to schedule Dr. EasFom’s
`deposi<on in IPR2018-00884. The week of
`March 18 works well on our end. Please let
`us know if Dr. EasFom is available any day
`that week.
`
`Thanks very much.
`
`Best,
`Paul
`
`5600 Greenwood Plaza Blvd.
`
` 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
`
`
`
`
`
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`
`IPR2018-00884
`Apple Inc. EX1016 Page 6
`
`

`

`
`
`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. EX1016 Page 7
`
`