`Sent:
`To:
`Cc:
`
`Subject:
`
`Follow Up Flag:
`Flag Status:
`
`Your Honors,
`
`James Carmichael <jim@carmichaelip.com>
`Thursday, May 21, 2020 3:39 PM
`Trials
`Timothy L. Tang; Michael Specht; Reuben Moses; MPH-IPRs; Steve Schreiner; Daniel
`Block
`RE: IPR2019-00819, -00820: Request for Motion to Strike, or in the alternative a sur-
`sur-reply
`
`Follow up
`Flagged
`
`Patent Owner objects to Petitioner’s request because it is (1) untimely and (2) insufficient.
`
`Petitioner’s request is untimely because it was made more than one week after the allegedly improper sur‐
`replies. Under the Consolidated Trial Guide (CTG), motions to strike or seek supplemental briefing “should be requested
`within one week of the allegedly improper submission.” CTG, 81. The sur‐replies were filed and served by Patent Owner
`more than one week ago, on May 12, 2020. IPR2019‐00819, Paper 29 (Sur‐Reply filed May 12, 2020); IPR2019‐00820,
`Paper 29 (Sur‐Reply filed May 12, 2020). The request provides no reason to excuse its tardiness.
`
`Petitioner’s request is insufficient because it does not assert there is any reason to depart from the normal rule against
`such requests. See CTG, 80‐81 (Motion practice is normally unnecessary because the Board is capable of identifying
`alleged new issues and giving them appropriate weight).
`
`Sincerely,
`
`James T. Carmichael
`Counsel for Patent Owner MPH Technologies Oy
`
` James T. Carmichael
` Carmichael IP, PLLC
` 8000 Towers Crescent Drive, 13th Floor
` Tysons, VA 22182
`(703)646‐9255
`jim@carmichaelip.com
`
`This message may contain privileged and confidential information. If you are not the intended recipient, kindly contact the sender and destroy all
`copies.
`
`From: Daniel Block <DBLOCK@sternekessler.com>
`Sent: Thursday, May 21, 2020 2:28 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Timothy L. Tang <TTang@sternekessler.com>; Michael Specht <MSPECHT@sternekessler.com>; Reuben Moses
`<rmoses@sternekessler.com>; MPH‐IPRs <MPH‐IPRs@carmichaelip.com>; James Carmichael <jim@carmichaelip.com>;
`Steve Schreiner <schreiner@carmichaelip.com>
`Subject: IPR2019‐00819, ‐00820: Request for Motion to Strike, or in the alternative a sur‐sur‐reply
`1
`
`IPR2019-00819, -00820
`Ex. 3001 p. 1 of 2
`
`
`
`Your Honors,
`
`Petitioner requests permission to file a Motion to Strike Patent Owner’s sur‐reply, or in the alternative requests
`permission to file a 5‐page sur‐sur‐reply because it believes that the recent sur‐replies filed by Patent Owner in IPR2019‐
`00819 and IPR2019‐00820 exceed the scope permitted by the rules. Petitioner requests any briefing be due 5 business
`days after a Board order authorizing such briefing.
`
`Counsel for MPH and Apple have met and conferred, and Counsel for MPH disagrees with Apple’s position. Both parties
`are generally available for a conference call on Tuesday May 26 and Wednesday May 27th.
`
`Thank you,
`
`Daniel Block
`Counsel for Petitioner Apple, Inc.
`
`Daniel Block
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW, Washington, DC 20005
`
`Email: dblock@sternekessler.com
`Direct: 202.772.8735
`Administrative Assistant: Aran Mottley
`Main: 202.371.2600 Direct: 202.772.8873
`
`
`
`Notice: The information in this electronic transmission (including any attachments) may contain
`confidential or legally privileged information and is intended solely for the individual(s) or entity(ies)
`named above. If you are not an intended recipient or an authorized agent, you are hereby notified
`that reading, distributing, or otherwise disseminating or copying, or taking any action based on the
`contents of this transmission is strictly prohibited. Any unauthorized interception of this transmission
`is illegal under the law. If you have received this transmission in error, please immediately notify the
`sender by return email and then destroy all copies of the transmission.
`
`2
`
`IPR2019-00819, -00820
`Ex. 3001 p. 2 of 2
`
`