`Sent: Friday, August 2, 2019 3:59 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Weiswasser, Elizabeth <Elizabet h.Weiswasser@weil.com>; Desai, Anish <anish.desai@weil.com>; Pepe, Christ opher
`<Christ opher.Pepe@weil.com>; Steven Katz <katz@fr.com>; Ryan O' Connor <OConnor@fr.com>; John Phillips
`<phillips@fr.com>
`Subject: IPR2018-01254: Request for Aut horizat ion
`
`Docket Nos.: I PR2018-01254
`Pet itioner: Int uit ive Surgical, Inc.
`Patent Owner: Et hicon LLC
`
`Dea r Trial Board,
`
`We represent t he Patent Owner in IPR20 18-0 1254. We write j oint ly concerning an agreement the parties have reached,
`su bject to t he Boa rd' s approval.
`
`Pet itioner has asserted in its Reply t hat the sale of it s robot ic staplers demonst rates t hat tactile feedback is not a crit ical
`design feature (see Reply at 8-9). In IPR20 18-00936, Pet it ioner asserted the same argument, and t he Boa rd aut horized
`Patent Owner to submit under seal wit h its Sur-Reply deposit ion t estimony f rom t he co-pending lit igat ion of one of
`Pet itioner's employees, which Patent Owner cont ends is inconsistent with this argument . See IPR2018-0036, Paper No.
`23 at 3-4 (July 19, 2019). The Board further authorized Pet itioner to file a Su r-Sur-Reply up to 6 pages in length one week
`after Patent Owner files it s Sur-Reply, w hich will be limit ed to responding to content appea ring in Patent Owner's Sur(cid:173)
`Reply t hat is directed t o t he new evidence. Id.
`
`Counsel for Patent Owner and Petit ioner have conferred by email and req uest aut horization to apply t he same
`procedure in IPR2018-0 1254.
`
`Should t he Board wish to have a teleconference, the parties are available for a teleconference wit h t he Board next
`W ednesday (8/7) and Thursday (8/8).
`
`Respectfully,
`
`Ch rist opher Marando
`Back-up Counsel for Patent Owner (Reg. No. 67,898)
`
`1
`
`
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