`Sent: Monday, April 15, 2019 2:28 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Miller, Tyler <tmiller@orrick.com>; Goryunov, Eugene <egoryunov@kirkland.com>; Deoras, Akshay
`S. <adeoras@kirkland.com>; Alper, Adam R. <aalper@kirkland.com>; De Vries, Mike W.
`<michael.devries@kirkland.com>; Calvaruso, Joseph <jcalvaruso@orrick.com>; Gramenopoulos, C.
`Gregory <c.gregory.gramenopoulos@finnegan.com>; Zhu, Guang-Yu <Guang-Yu.Zhu@finnegan.com>;
`Horn, Kelly <Kelly.Horn@finnegan.com>; Dokhanchy, Reza <reza.dokhanchy@kirkland.com>
`Subject: IPR2019-00311 and IPR2019-00314
`
`Dear Board,
`
`Petitioners respectfully request permission from the Board to file replies of five pages to Patent Owner’s
`preliminary responses in the above-captioned proceedings. Specifically, Petitioners request a reply in
`IPR2019-00311 to address the publication status of the Kellogg and Brill references, and Petitioners
`request a reply in IPR2019-00314 to address the publication status of the Dimitrova and Brill references.
`
`Good cause exists for filing these replies to address Patent Owner’s assertions that Kellogg, Brill, and
`Dimitrova are not printed publications. Among other things, each of these references were found to be
`printed publications in IPR2018-00138 and IPR2018-00140, which involve the ’661 patent that is related
`to the challenged ’923 patent. The Board recently ruled that there was good cause to file a reply on this
`issue with respect to the Kellogg reference in IPR2019-00235 (see Paper No. 13), which involves the ’912
`patent that is also related to the challenged ’923 patent.
`
`Patent Owner has stated that, while it disagrees that good cause exists, it does not oppose this request
`if Patent Owner is permitted to submit a sur-reply of equal length to Petitioners’ replies (if permitted) in
`both the 311 and 314 IPRs.
`
`Should the board consider a conference call to be necessary, the parties are available tomorrow (April
`16) before 3PM Eastern, or at another time that is convenient to the Board.
`
`Sincerely,
`
`Richard Martinelli
`Partner
`Orrick
`New York
`
`T +1-212-506-3702
`rmartinelli@orrick.com
`
`NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication
`privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly
`prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you
`in advance for your cooperation.
`
`For more information about Orrick, please visit http://www.orrick.com.
`
`In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
`https://www.orrick.com/Privacy-Policy to learn about how we use this information.
`
`Ex. 3001
`
`
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