`Andrew Gordon; Rahlin, Katie
`Trials; Steinert, Adam; Gregory Gonsalves
`RE: Petitioner Request for Permission to File Motions to Withdraw IPRs 2018-01389/91/92/94
`Wednesday, July 24, 2019 2:20:33 PM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Counsel,
`
`Petitioner is authorized to file, within 5 business days, a motion to withdraw in each of the identified
`IPRs, and that each motion is limited to 5 pages.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`From: Andrew Gordon <andrew@agordonlawfirm.com>
`Sent: Wednesday, July 24, 2019 12:36 PM
`To: Rahlin, Katie <KRahlin@fredlaw.com>
`Cc: Trials <Trials@USPTO.GOV>; Steinert, Adam <ASteinert@fredlaw.com>; Gregory Gonsalves
`<gonsalves@gonsalveslawfirm.com>
`Subject: Re: Petitioner Request for Permission to File Motions to Withdraw IPRs 2018-
`01389/91/92/94
`
`Dear Board,
`
`e-Numerate does not oppose Merrill’s request to withdraw. e-Numerate feels that the IPRs should
`be terminated in view of Merrill's decision to direct its attorneys to stop participating in them.
`
`Regards,
`
`Andrew Gordon (counsel for Patent Owner)
`
`On Jul 24, 2019, at 9:15 AM, Rahlin, Katie <KRahlin@fredlaw.com> wrote:
`
`Dear Board,
`
`Petitioner requests permission to file motions to withdraw from IPRs 2018-
`01389/91/92/94. Petitioner wishes to withdraw the appearances of its counsel
`(Katherine J. Rahlin and Adam R. Steinert), as well as withdraw its participation in the
`IPR proceedings.
`
`
`
`
`The related civil action in the U.S. District Court for the District of Delaware, captioned
`e-Numerate Solutions, Inc., and e-Numerate, LLC, v. Mattress Firm Holding Corp., Merrill
`Communications LLC, and Merrill Corp., No. 1:17-cv-00933, has been dismissed, as
`Patent Owner’s infringement allegations are no more extensive than what is covered
`by the United States of America’s authorization and consent. Since dismissal of that
`case, Patent Owner filed a lawsuit against the United States of America in the Court of
`Federal Claims, captioned e-Numerate Solutions, Inc. et al v. The United States of
`America, No. COFC-1-19-cv-00859, alleging infringement of the four patents at issue in
`IPRs 2018-01389/91/92/94. The Government has indicated that it will indemnify
`Merrill for any claim of infringement of any of the four patents at issue in the IPRs.
`
`Therefore, Petitioner respectfully request the Board grant it permission to file motions
`to withdraw its counsel from the IPRs, as well as withdraw its participation in the IPR
`proceedings. Patent Owner has indicated that it does not oppose this request.
`
`Best Regards,
`
`Katherine Rahlin (counsel for Petitioner)
`
`
`<image001.png>
`
`<image003.jpg>
`
`| PRACTICE AREAS |
`CONTACT US
`Katherine J. Rahlin
`Attorney
`Registered, U.S. Patent Office
`krahlin@fredlaw.com
`
`Direct - 612-492-7370
`Assistant - 612-492-7651
`Main - 612-492-7000
`
`Fredrikson & Byron, P.A.
`200 South Sixth Street
`Suite 4000
`Minneapolis, MN 55402-1425
`Biography | Download My Contact Info as V-Card
`WWW.FREDLAW.COM
`
`**This is a transmission from the law firm of Fredrikson & Byron, P.A. and may contain information
`which is privileged, confidential, and protected by the attorney-client or attorney work product
`privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the
`contents of this message is prohibited. If you have received this transmission in error, please destroy
`it and notify us immediately at our telephone number (612) 492-7000.**
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
