`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`Petitioner,
`v.
`
`PACKET INTELLIGENCE LLC,
`Patent Owner.
`____________
`Case IPR2020-00337
`U.S. Patent No. 6,771,646
`____________
`
`
`PETITIONER’S UNOPPOSED MOTION TO WITHDRAW ITS MOTION
`TO DISQUALIFY DR. KEVIN ALMEROTH AND SUPPORTING
`EXHIBITS
`
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`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to the Board’s authorization granted in its August 24, 2020 email,
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`Petitioner respectfully submits this Unopposed Motion to Withdraw Petitioner’s
`
`Motion to Disqualify Patent Owner’s Expert Dr. Kevin Almeroth, and supporting
`
`exhibits.
`
`II.
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`STATEMENT OF MATERIAL FACTS
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`On June 12, 2020, Patent Owner filed Patent Owner’s Preliminary Response,
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`as well as Declaration of Kevin C. Almeroth, Ph.D. (Exhibit 2001) and Dr.
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`Almeroth’s CV (Exhibit 2043).
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`
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`On July 6, 2020, Petitioner emailed the Board requesting authorization to
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`file a motion to disqualify Dr. Almeroth (Exhibit 3003). The Board issued an order
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`(Paper No. 11) granting Petitioner’s request on July 13, 2020. On July 22, 2020,
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`Petitioner filed its motion to disqualify Dr. Almeroth along with supporting
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`exhibits.
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`
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`On August 5, 2020, Patent Owner notified the Board via email that the
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`parties had met and conferred to resolve the issues relating to Dr. Almeroth. To
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`resolve these issues, Patent Owner’s email stated that (a) Patent Owner agrees to
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`no longer rely on Dr. Almeroth’s declaration and any references thereto in the
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`preliminary response, and agrees that Dr. Almeroth will refrain from further
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`participation in these proceedings; and (b) this agreement should render moot
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`Petitioner’s motion to disqualify Dr. Almeroth.
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`2
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`On August 24, 2020, the Board authorized Patent Owners to file a motion to
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`withdraw Dr. Almeroth’s declaration and CV (Exhibits 2001 and 2043). The Board
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`further authorized Petitioner to file a motion to withdraw its motion to disqualify
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`Dr. Almeroth and the supporting exhibits. Patent Owner indicates that it does not
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`oppose Petitioner filing this motion to withdraw.
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`III. CONCLUSION
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`Because Patent Owner has agreed to withdraw its reliance on Dr. Almeroth’s
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`declaration and agreed that Dr. Almeroth will refrain from further participation in
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`these proceedings, Petitioner agrees to withdraw its motion to disqualify Dr.
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`Almeroth and the supporting exhibits. Thus, Petitioner respectfully requests that
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`the Board order Petitioner’s Motion to Disqualify Dr. Almeroth and the supporting
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`exhibits are WITHDRAWN.
`
`Dated: August 26, 2020
`
`Respectfully submitted,
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Counsel for Petitioner Juniper
`Networks, Inc.
`
`
`
`
`3
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`
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`UNOPPOSED MOTION TO WITHDRAW ITS MOTION TO DISQUALIFY DR.
`
`KEVIN ALMEROTH AND SUPPORTING EXHIBITS was served via electronic
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`mail to the following attorneys of record listed below:
`
`R. Allan Bullwinkel – Lead Counsel
`Reg. No. 77,630
`Heim Payne & Chorush, LLP
`1111 Bagby Street, Suite 2100
`Houston, TX 77002
`Telephone: 713-221-2000
`Facsimile: 713-211-2021
`abullwinkel@hpcllp.com
`
`Michael F. Heim – Back-up Counsel
`Reg. No. 32,702
`Heim Payne & Chorush, LLP
`1111 Bagby Street, Suite 2100
`Houston, TX 77002
`Telephone: 713-221-2000
`Facsimile: 713-211-2021
`mheim@hpcllp.com
`
`
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`Dated: August 26, 2020
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`4
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`Respectfully submitted,
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`FISCH SIGLER LLP
`5301 Wisconsin Ave NW
`Fourth Floor
`Washington, DC 20015
`
`
`202.362.3524
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`Email: Joe.Edell.IPR@fischllp.com
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`
`
`
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