From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Trials
`Joe Edell; Trials
`Allan Bullwinkel; Michael Heim; McKeown, Scott; Rowland, Mark D.; Radsch, Andrew; Batchelder, James R.;
`Adam Allgood
`RE: IPR2020-00335-00338 & IPR2020-00485-00486
`Friday, July 17, 2020 7:43:32 AM
`
`Counsel,
`
`On July 13, 2020, we authorized Petitioner to file a Motion to Disqualify and a Motion to Seal, and we set
`a briefing schedule for the motions for each of IPR2020-00335, IPR2020-00336, IPR2020-00337,
`IPR2020-00338, IPR2020-00339, IPR2020-00485, IPR2020-00486. Petitioner now requests that we
`modify the ordered briefing schedule in light of developments in the related district court litigation. In
`particular, Petitioner below represents that “[o]n July 8, in the related district court proceeding, Judge
`Orrick orally granted Juniper’s motion to disqualify Dr. Almeroth and stated that a written order on this
`issue will soon follow.” Petitioner submits that the district court’s forthcoming written order will address
`many of the same issues that will be the subject of its Motion to Disqualify and that extending the briefing
`schedule in the IPR proceedings will allow the parties to address the district court’s written order.
`Petitioner represents that Patent Owner does not oppose the requested extension of the briefing schedule.
`
`We find good cause to modify the briefing schedule and order for each of the above cited IPR proceedings
`that: (1) Petitioner is authorized to file a Motion to Disqualify and a Motion to Seal within one week after
`issuance of the district court’s written order, but no later than August 3, 2020; and (2) Patent Owner’s
`oppositions to these motions would be due within two weeks from the filing of the motions.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`(571)272-7822
`
`
`
`From: Joe Edell <Joe.Edell@fischllp.com>
`Sent: Tuesday, July 14, 2020 1:36 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Allan Bullwinkel <abullwinkel@hpcllp.com>; Michael Heim <mheim@hpcllp.com>; McKeown,
`Scott <Scott.McKeown@ropesgray.com>; Rowland, Mark D. <Mark.Rowland@ropesgray.com>;
`Radsch, Andrew <Andrew.Radsch@ropesgray.com>; Batchelder, James R.
`<James.Batchelder@ropesgray.com>; Adam Allgood <adam.allgood@fischllp.com>
`Subject: IPR2020-00335-00338 & IPR2020-00485-00486
`
`Trials:
`
`
`Petitioner Juniper Networks respectfully requests an extension to the briefing schedule on the issue
`whether to disqualify declarant Dr. Kevin Almeroth. Patent Owner does not oppose the requested
`extension.
`
`On July 8, in the related district court proceeding, Judge Orrick orally granted Juniper’s motion to
`
`

`

`disqualify Dr. Almeroth and stated that a written order on this issue will soon follow. Because the
`district court’s forthcoming order addresses many of the same considerations at issue in Juniper’s
`motion before the Board, Juniper requests an extension to file its motion within one week after
`issuance of the district court opinion but no later than August 3. In turn, Juniper requests Patent
`Owner’s opposition be due within two weeks from Juniper’s motion.
`
`Please find attached Judge Orrick’s July 8 Minute Entry which states: “A written order granting the
`motion to disqualify will follow.” Extending the briefing schedule in the IPR proceedings will allow
`the parties the opportunity to address the district court’s written order and obviate the need for the
`parties to request authorization to file and address the order in subsequent briefing.
`
`
`Best regards,
`Joe Edell
`Counsel for Petitioner Juniper Networks, Inc.
`
`
`Joseph Edell | Fisch Sigler LLP | Attorney
`+1.202.362.3524 (o)
`+1.301.806.7562 (m)
`
`5301 Wisconsin Avenue NW, Fourth Floor
`Washington, DC 20015 USA
`Biography | Firm Victories | LinkedIn
`
`