`To:
`Cc:
`
`Subject:
`Date:
`
`Trials
`Bifano, Larissa; Trials
`ryan@etheridgelaw.com; brett@etheridgelaw.com; jim@etheridgelaw.com; jeff@etheridgelaw.com; Van Handel,
`Michael; Heintz, James M.
`RE: IPR2019-00056 Request for Rehearing
`Tuesday, June 4, 2019 3:22:05 PM
`
`Counsel,
`
`Based on the facts presented, the Board excuses the late filing of Petitioner’s rehearing request.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`
`
`From: Bifano, Larissa <larissa.bifano@dlapiper.com>
`Sent: Friday, May 31, 2019 11:00 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: ryan@etheridgelaw.com; brett@etheridgelaw.com; jim@etheridgelaw.com;
`jeff@etheridgelaw.com; Van Handel, Michael <michael.vanhandel@dlapiper.com>; Heintz, James M.
`<jim.heintz@dlapiper.com>
`Subject: IPR2019-00056 Request for Rehearing
`
`
`IPR2019-00056
`
`Your Honors:
`
`On May 29, 2019, Petitioner filed a Request for Rehearing of the Board’s April 29, 2019 Decision
`Denying Institution in IPR2019-00056. Petitioner uploaded the Request in the Patent Trial and
`Appeal Board’s End to End system, clicked to file the Request, and received an electronic receipt
`indicating the Request had been filed. That same day, Petitioner served copies of the Request on
`counsel for Patent Owner via e-mail and express mail.
`
`Yesterday evening, Petitioner noticed the Request for Rehearing had not appeared in the Patent
`Trial and Appeal Board’s End to End system. Petitioner called the PTAB today to discuss the issue
`and spoke with Eric Hawthorne. Mr. Hawthorne indicated the Request appears to have been filed
`without a document. Mr. Hawthorne stated the issue would be resolved by resubmitting the
`document today. Petitioner resubmitted the document today, and it now appears in the End to End
`system.
`
`Petitioner made every attempt to file the Request by the May 29, 2019 deadline, and served the
`
`
`
`Request by e-mail and express mail on Patent Owner after filing that day. Given Petitioner’s attempt
`to file by the deadline, and proper service of the Request on that date, Petitioner respectfully
`requests that the Board consider the Request as having been timely filed by the deadline of May 29,
`2019.
`
`Sincerely,
`
`Larissa S. Bifano
`Partner
`T +1 617.406.6013
`F +1 617.406.6160
`E larissa.bifano@dlapiper.com
`
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`United States
`www.dlapiper.com
`
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use
`of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any
`unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its
`contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy
`all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you.
`
`
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
