`Sent:
`To:
`Cc:
`
`Subject:
`
`Dear Board,
`
`Lesovitz, Jeffrey <JLesovitz@bakerlaw.com>
`Friday, June 28, 2019 3:22 PM
`Trials
`Goettle, Daniel; Rocci, Steven; Guest-TekIPR; 'BoxNomadix@knobbe.com';
`'Doug.Muehlhauser@knobbe.com'; '2dgm@knobbe.com'; '2whs@knobbe.com'
`IPR2019-00211, IPR2019-00253 -- Request for Authorization to File Motion to Submit
`Supplemental Information
`
`Petitioner Guest Tek Interactive Entertainment Ltd. respectfully requests authorization from the Board to promptly file a
`motion to submit supplemental information under 37 CFR § 42.123(a) in IPR2019‐00211 and IPR2019‐00253. The
`supplemental information that Guest Tek seeks to submit is a supplemental affidavit from Gerard Grenier, Senior
`Director of Content Management of The Institute of Electrical and Electronics Engineers (IEEE).
`
`Specifically, Guest‐Tek included a first affidavit from Mr. Grenier as exhibit 1012 to the petition in both proceedings to
`establish public availability of the 98‐010P Report (exhibit 1007) as prior art. In Patent Owner’s preliminary responses,
`Patent Owner contended that Mr. Grenier, among other things, never stated that the 98‐010P Report was publicly
`available at the relevant time, but only offered “vague or irrelevant statements.” Paper 5 at 30. Patent Owner also filed
`objections to the 98‐010P Report and Mr. Grenier’s affidavit. Paper 8.
`
`While Guest Tek disagrees with Patent Owner’s contentions and objections regarding Mr. Grenier’s first affidavit, and
`believes that the affidavit (along with various other evidence submitted with the petitions) sufficiently establishes public
`availability of the 98‐010P Report, Guest Tek nonetheless obtained a supplemental affidavit from Mr. Grenier that
`specifically addresses the purported issues raised by Patent Owner as to the first affidavit. Guest Tek timely served the
`affidavit as supplemental evidence in response to Patent Owner’s objections. Guest Tek now seeks authorization to also
`submit the affidavit as supplemental information.
`
`In sum, Guest Tek respectfully requests the Board’s authorization to file a motion to submit Mr. Grenier’s new affidavit
`as supplemental information in IPR2019‐00211 and IPR2019‐00253. Guest Tek’s request satisfies the requirements of 37
`CFR § 42.123(a) because (1) it is made within one month of the date the trials were instituted in IPR2019‐00211 and
`IPR2019‐00253 and (2) the supplemental information is relevant to a claim for which trial has been instituted (i.e.,
`invalidity ground 2 of Guest‐Tek’s petitions). If authorized, Guest Tek’s motion will be promptly filed and will comply
`with the relevant rules. Also, although a copy of the affidavit is not attached to this email, a copy can be emailed to the
`Board if it would be helpful.
`
`Patent Owner has stated that it opposes Guest Tek’s request to submit supplemental information. The parties are in the
`process of determining their availability in case the Board would like to conduct a conference call to discuss this matter.
`
`Respectfully submitted,
`
`Jeff
`
`Jeffrey W. Lesovitz
`Partner
`
`
`Cira Centre
`2929 Arch Street | 12th Floor
`Philadelphia, PA 19104-2891
`
`IPR2019-00211
`IPR2019-00253
`Ex. 3001
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`1
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`
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`T +1.215.564.2406
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`jlesovitz@bakerlaw.com
`bakerlaw.com
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