`
`From:
`Sent:
`To:
`Cc:
`Subject:
`Attachments:
`
`Please see below
`
`Thanks
`Andrew
`
`Trials
`Monday, September 28, 2020 4:09 PM
`Horvath, John; Fenick, Sharon; Obermann, Grace
`Trials
`FW: IPR2019-00916 - Apple v. Omni Medsci
`013-1 Ex 2131 MacFarlane Declaration.PDF
`
`From: Cathy A. Nikkila <cnikkila@brookskushman.com>
`Sent: Monday, September 28, 2020 8:26 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: OMSC0110IPR2@brookskushman.com; IPRNotices@sidley.com
`Subject: IPR2019‐00916 ‐ Apple v. Omni Medsci
`
`Your Honors,
`
`Patent Owner requests that the MacFarlane response Declaration, recently filed in the IPR involving U.S. Pat. No.
`10,188,299 (IPR2020‐00175, Exhibit 2131) (attached), be introduced as Exhibit 2125 in this proceeding concerning U.S.
`Patent No. 9,651,533. The patents in the two proceedings are related. (See IPR 2020‐00175, Paper No. 11, DI at p. 2,
`“Related Matters.”) The Declaration response in the IPR2020‐00175 proceeding addresses questions the Board asked
`during oral argument in this proceeding concerning the Lisogurski reference, in particular with respect to adjustments to
`the “firing rate” as a person begins to exercise. Petitioner opposes this request and has been copied on this email.
`
`Cathy Nikkila
`Legal Assistant
`
`1000 Town Center, 22nd Floor | Southfield, MI 48075
`Direct: (248) 226‐2809 | Main: (248) 358‐4400
`cnikkila@brookskushman.com
`www.BrooksKushman.com | www.BKpostgrant.com
`
`IMPORTANT/CONFIDENTIAL: This message may be privileged, confidential, or exempt from disclosure under applicable
`law. If you have received this communication in error, please notify us immediately by return e‐mail.
`
`Ex. 3002
`IPR2019-00916
`
`1
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`