`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Iturralde, Enrique W.
`Monday, January 28, 2019 3:21 PM
`Lavenue, Lionel (lionel.lavenue@finnegan.com); Schulz, Bradford
`(Bradford.Schulz@finnegan.com); cory.bell@finnegan.com
`AGIS-Lit; Hartman, Sarah G.
`ZTE v. AGIS IPRs
`
`Hi Lionel,
`
`I write to request that ZTE immediately withdraw its frivolous IPR petitions against AGIS in IPR2019-00389 (’838 patent),
`IPR2019-00485 (’970 patent), and IPR2019-00487 (’055 patent). ZTE filed these petitions after filing its October 9, 2018
`complaint for declaratory judgment for invalidity of the same patents in the Northern District of California. As you
`already know, Section 315(a)(1) prohibits a declaratory-judgment plaintiff from filing an IPR petition if the plaintiff filed a
`declaratory judgment complaint for invalidity before filing the IPR petition. (See
`https://www.finnegan.com/en/insights/behind-bars-a-closer-look-at-the-statutory-bars-for-filing-
`inter.html.) Accordingly, because ZTE chose the district court as its forum to challenge the validity of these patents, ZTE
`is statutorily barred from filing and maintaining these petitions.
`
`
`ZTE lacked the requisite Rule 11 basis to file the petitions, and ZTE has no Rule 11 basis to maintain any petitions on the
`’838, ’970, and ’055 patents. ZTE's petitions advance frivolous grounds by statutorily-barred party and constitute an
`improper use of these proceedings. AGIS has been diligent in reviewing ZTE's filings and preparing responses to the
`petitions. AGIS reserves all rights and remedies, particularly for sanctions under 37 CFR 42.12, should ZTE maintain
`these petitions.
`
`
`Please confirm, by 5:00 PM ET Wednesday, January 28th, that ZTE will withdraw its petitions in IPR2019-00389, IPR2019-
`00485, and IPR2019-00487.
`
`
`Regards,
`Enrique
`
`
`
`
`
`
`Enrique W. Iturralde
`
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212-209-4936
`F: 212-938-2936
`eiturralde@brownrudnick.com
`www.brownrudnick.com
`
`
`
`Please consider the environment before printing this e-mail
`
`
`1
`
`IPR2019-00485, Exhibit 2001
`Patent Owner, AGIS Software Development
`Page 1
`
`
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