NPisano@foley.com
`"James Gorman"; BRadke@goodwinlaw.com; LStoll@goodwinlaw.com
`Timothy Devlin; Cook Alciati; Greg Gardella; ETurner@irell.com; ReShape-Fulfillium@foley.com
`RE: Fulfillium v. ReShape Medical LLC and ReShape Lifesciences Inc. - 8:18-cv-01265 (C.D. Cal.)
`Monday, July 23, 2018 1:15:15 PM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Dear James:
`
`We received the copy of the new complaint attached to the Notice of Related Cases. Please note,
`however, that Foley has not been retained to represent either ReShape entity in that new litigation.
`Foley cannot therefore accept service of process for either defendant for the new patent
`infringement case.
`
`As you may recall, Mr. Patiño requested a meet and confer regarding a proposed continuance, which
`was expressly based on ReShape Medical LLC’s current inability to support the expense of a three-
`patent patent infringement trial. The Court’s decision to dismiss the patent infringement claims
`from the current trade secret case alleviated that concern, and unless retained anew, Foley is no
`longer responsible for representing ReShape Medical LLC for that action. If and when ReShape
`Medical LLC’s finances enable it to respond to Fulfillium’s newly filed patent infringement complaint,
`we expect that ReShape Medical LLC will retain suitable counsel to defend it in that new action.
`
`Because we have not been retained to handle the patent infringement case, we cannot meet and
`confer with you regarding proposed consolidation of that matter with the existing trade secret
`matter.
`
`Regards,
`
`Nick
`
`Nicola A. Pisano
`
`Foley & Lardner LLP
`3579 Valley Centre Drive | Suite 300
`San Diego, CA 92130
`P 858.847.6877
`
`View My Bio
`Visit Foley.com
`
`From: James Gorman [mailto:jgorman@devlinlawfirm.com]
`Sent: Friday, July 20, 2018 4:03 PM
`To: Gray, Justin E.; Pisano, Nick; Patiño, Joe; BRadke@goodwinlaw.com; LStoll@goodwinlaw.com
`Cc: Timothy Devlin; Cook Alciati; ggardella@gardellagrace.com; ETurner@irell.com
`Subject: Fulfillium v. ReShape Medical LLC and ReShape Lifesciences Inc. - 8:18-cv-01265 (C.D. Cal.)
`
`Counsel,
`
`Fulfillium Exhibit 2008, Page 1
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`Attached is a courtesy copy of a complaint filed today in this District by Fulfillium against ReShape,
`which alleges causes of action for patent infringement. Also attached is a Notice of Related cases,
`which was filed in this action today. Counsel for ReShape, please let me know if you will accept
`service of the Complaint and Notice.
`
`As noted previously, Fulfillium intends to file a motion to consolidate its newly filed case with the
`instant case. Please let me know if you are available on Monday, July 23 or Tuesday, July 24 for a
`meet and confer pursuant to Local Rule 7.3 concerning Fulfillium’s motion to consolidate.
`
`Best,
`
`James
`
`James G Gorman III
`Devlin Law Firm LLC
`1306 N Broom Street, Suite 1
`Wilmington, DE 19806
`Office: (302) 449-9007
`jgorman@devlinlawfirm.com
`http://www.devlinlawfirm.com/
`
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`Fulfillium Exhibit 2008, Page 2
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`