From: Brett Mangrum brett@etheridgelaw.com
`Subject: RE: IPR2018-00884: Dr. Easttom Deposition
`Date: March 8, 2019 at 3:56 PM
`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, Travis Richins travis@etheridgelaw.com
`
`Paul,
`
`To more produc/vely advance this discussion, it would be helpful if you addressed our prior
`ques/ons, including whether Pe//oner disputes the sole proposi/on for which the expert
`declara/on is cited. You also neglected to address our proposed compromise. Nevertheless, we
`understand from your last, including your comment that Uniloc’s admiBedly narrow reliance on
`the declara/on is “irrelevant,” that you seek a deposi/on for the impermissible purpose of asking
`ques/ons directed to arguments outside the scope of the Patent Owner Response. You are
`reminded that 37 CFR 42.23 states a Pe//oner’s reply may only respond to arguments raised in a
`patent owner response. You apparent posi/on in scope is in conflict with this rule. You have
`provided no authority in support of your posi/on, though we invited you to do so.
`
`In the absence of the clarifica/on we specifically requested, we can only conclude that your
`purpose in seeking a deposi/on is to ask ques/ons outside what the rules allow. We need the
`clarifica/on we requested in order to properly address your ques/ons. Under the present
`circumstances, we cannot agree to not oppose a new mo/on to strike.
`
`Regards,
`BreB
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Thursday, March 7, 2019 1:46 PM
`To: BreB Mangrum <breB@etheridgelaw.com>
`Cc: Danny BuBs <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. EasBom Deposi/on
`
`BreB,
`
`You’ve submiBed an expert declara/on in this case and have relied on that declara/on in your
`Patent Owner Response. Under the rules, we’re en/tled to cross examine your expert in a
`deposi/on. The narrowness of your expert’s opinions on which you rely is irrelevant. We’re
`en/tled a deposi/on and, if you won’t agree to strike his declara/on and your reliance on that
`declara/on, we want to proceed with his deposi/on.
`
`To the extent you are unwilling to provide dates of availability for Dr. EasBom, the only op/on is
`his tes/mony must be stricken. As we stated previously, either (i) provide dates for Dr. EasBom’s
`deposi/on or (ii) confirm that (1) you are refusing to make Dr. EasBom available for cross
`examina/on and that (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,
`
`IPR2018-00884
`Apple Inc. EX1019 Page 1
`
`

`

`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 Mar 7, 2019, at 8:21 AM, BreB Mangrum <breB@etheridgelaw.com> wrote:
`
`Paul:
`
`As we stated in prior communica/on, the Patent Owner Response ONLY cites Dr.
`EasBom’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 straighoorward
`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 submipng a limited number of
`interrogatory ques/ons directed to the single proposi/on for which the declara/on
`is cited.
`
`Regards,
`BreB
`
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Wednesday, March 6, 2019 2:58 PM
`To: BreB Mangrum <breB@etheridgelaw.com>
`Cc: Danny BuBs <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. EasBom Deposi/on
`
`
`IPR2018-00884
`Apple Inc. EX1019 Page 2
`
`

`

`
`BreB,
`
`Pupng 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. EasBom 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:
`
`BreB,
`
`Given the Court’s ruling (aBached) that striking EasBom’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. EasBom 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. EasBom so Pe//oner can take his deposi/on
`in advance of our Reply.
`
`Best,
`Paul
`
` Paul Hart | Shareholder
`Erise IP, P.A.
`
`IPR2018-00884
`Apple Inc. EX1019 Page 3
`
`

`

`5600 Greenwood Plaza Blvd.
`
`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
`
`
`
`<Order denying mo/on to strike EasBom's Dec.pdf>
`
`
`On Feb 21, 2019, at 9:44 AM, Paul Hart
`<paul.hart@eriseip.com> wrote:
`
`BreB,
`
`Here’s what we intend to send the Board by COB this
`arernoon:
`
`>>>
`In IPR2018-00884, Pe//oner Apple respecoully 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 EasBom 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. EX1019 Page 4
`
`

`

`
`
`
`
`On Feb 21, 2019, at 7:00 AM, BreB
`Mangrum <breB@etheridgelaw.com> wrote:
`
`Paul,
`
`Please provide us a drar 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,
`BreB
`
`From: Paul Hart <paul.hart@eriseip.com>
`Sent: Wednesday, February 20, 2019 11:52
`AM
`To: BreB Mangrum
`<breB@etheridgelaw.com>
`Cc: Danny BuBs
`<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. EasBom
`Deposi/on
`
`Counsel,
`
`We’ve had a chance to confer with our
`client, and we agree that an unopposed
`mo/on to strike Dr. EasBom’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
`
`IPR2018-00884
`Apple Inc. EX1019 Page 5
`
`

`

`We can generally make ourselves available at
`any /me 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,
`BreB Mangrum
`<breB@etheridgelaw.com>
`wrote:
`
`Counsel,
`
`Uniloc cites to
`Dr. EasBom’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. EasBom is a
`waste of the par/es’ /me and
`resources. If you s/ll disagree,
`
`IPR2018-00884
`Apple Inc. EX1019 Page 6
`
`

`

`resources. If you s/ll disagree,
`Uniloc would not oppose a
`mo/on to strike
`Dr. EasBom’s declara/on.
`
`Regards,
`BreB
`
`From: Paul Hart
`<paul.hart@eriseip.com>
`Sent: Tuesday, February 5, 2019
`3:07 PM
`To: Danny BuBs
`<danny@etheridgelaw.com>;
`Ryan Loveless
`<ryan@etheridgelaw.com>;
`BreB Mangrum
`<breB@etheridgelaw.com>;
`Jeff Huang
`<jeff@etheridgelaw.com>; Jim
`Etheridge
`<jim@etheridgelaw.com>
`Cc: Adam Seitz
`<adam.seitz@eriseip.com>
`Subject: IPR2018-00884: Dr.
`EasBom Deposi/on
`
`Counsel,
`
`We would like to schedule Dr.
`EasBom’s deposi/on in
`IPR2018-00884. The week of
`March 18 works well on our
`end. Please let us know if Dr.
`EasBom 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
`(fax) 913-777-5601
`
`5600 Greenwood Plaza Blvd.
`
`IPR2018-00884
`Apple Inc. EX1019 Page 7
`
`

`

`paul.hart@eriseip.com
`(fax) 913-777-5601
`www.eriseip.com
`
`
`
`
`
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`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. EX1019 Page 8
`
`

`

`|PR2018-00884
`
`Apple Inc. EX1019 Page 9
`
`IPR2018-00884
`Apple Inc. EX1019 Page 9
`
`