`To:
`Cc:
`Subject:
`Date:
`
`Trials
`Neil Rubin; Trials
`Garr, David; Johnson, Grant; Chen, Peter (External); Samsung-Solas; rak_solas@raklaw.com
`RE: IPR2020-00320 - request for supplemental brief to address Apple v. Fintiv precedential opinion
`Thursday, May 14, 2020 3:46:08 PM
`
`Counsel:
`
` A
`
` call is not necessary at this time. Patent Owner’s request for supplemental briefing to address Apple
`Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (March 20, 2020) (precedential) is denied. Although that
`order was recently designated as precedential, it applies the Board’s discretion under 35 U.S.C. § 314(a)
`and NHK Spring Co. v. Intri-Plex Techs., Inc., IPR2018-00752, Paper 8 (Sept. 12, 2018), which was
`designated as precedential a year ago. Patent Owner’s preliminary response in this case does not ask the
`Board to exercise its discretion under § 314(a) or apply NHK Spring. Under these circumstances, we
`determine there is not good cause to allow the requested supplemental briefing.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`(571)272-7822
`
`
`
`From: Neil Rubin <nrubin@raklaw.com>
`Sent: Tuesday, May 12, 2020 12:47 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Garr, David <dgarr@cov.com>; Johnson, Grant <GJohnson@cov.com>; Chen, Peter (External)
`<pchen@cov.com>; Samsung-Solas <Samsung-Solas@cov.com>; rak_solas@raklaw.com
`Subject: IPR2020-00320 - request for supplemental brief to address Apple v. Fintiv precedential
`opinion
`
`Dear Honorable Board,
`
`In IPR2020-00320, Patent Owner requests authorization to file a 5-page supplemental brief to
`address discretionary denial under the factors set forth in Apple v. Fintiv, IPR2020-00019,
`Paper 11 (“Fintiv Order”). The Fintiv Order was designated precedential and became binding
`authority on May 5, 2020.
`
`Patent Owner does not oppose Petitioner being allowed a 5-page supplemental brief on the
`same issue.
`
`Patent Owner notified Petitioner of this request on May 8, and Petitioner opposes this request.
`
`Patent Owner is generally available for call with the Board, including on May 12-14.
`Petitioner is available on May 12-14.
`
`Best regards,
`
`
`
`
`
`Neil A. Rubin
`
`RUSS AUGUST & KABAT | 12424 Wilshire Boulevard, 12th Floor | Los Angeles, CA 90025
`Main +1 310 826 7474 | Direct +1 310 979 8252 | nrubin@raklaw.com | www.raklaw.com
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
