`Sent:
`To:
`Cc:
`Subject:
`
`NPisano@foley.com
`Tuesday, August 14, 2018 7:03 PM
`'Trials'
`CBolten@foley.com; Greg Gardella; Cook Alciati
`IPR2018-000957 and IPR2018-000958 - Request for Teleconference
`
`Importance:
`
`High
`
`Your Honors:
`
`Petitioner seeks leave to file a response (Amended Mandatory Notice or Reply) to the Patent Owner’s
`Preliminary Response to clarify the real‐party‐in‐interest, as the Board deems appropriate.
`
`Specifically, ReShape Medical wishes to discuss with the Board that the first‐filed action against ReShape
`Medical Inc., filed in April 2017 in the United States District Court for the District of Delaware, involving the
`patents challenged in the foregoing IPRs, was later transferred to the United States District for the Central
`District of California, and those patent infringement claims then were dismissed on July 5, 2018, for lack of
`standing to sue by Patent Owner. That decision was submitted by Petitioner as Exhibit 1018 in a
`Supplemental Mandatory Notice dated July 10, 2018. Patent Owner filed a new infringement action against
`ReShape Medical LLC and ReShape Lifesciences on July 20, 2018.
`
`Petitioner has consulted with Patent Owner and the parties are available for a teleconference on the following
`dates and times:
` Wednesday, August 15 between 3‐5 pm Eastern,
`Friday, August 17, between 11 am and 1:00 pm Eastern
`
`Tuesday, August 21, Thursday August 23 or Friday August 24, after 11:00 am Eastern.
`
`
`Patent Owner’s Counsel has been copied on this communication.
`
`Respectfully submitted.
`
`Nicola A. Pisano
`
`Foley & Lardner LLP
`3579 Valley Centre Drive | Suite 300
`San Diego, CA 92130
`P 858.847.6877
`
`View My Bio
`
`1
`
`Fulfillium Exhibit 2015, Page 1
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`
`
`Visit Foley.com
`
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`please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the
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`This email and any attachments may contain privileged or confidential information. Any unauthorized use or disclosure
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`
`2
`
`Fulfillium Exhibit 2015, Page 2
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`
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