`To:
`Cc:
`
`Subject:
`Date:
`
`Trials
`Allan Bullwinkel
`Michael Heim; Chris First; James Batchelder; McKeown, Scott; Andrew Radsch; Mark Rowland; Adam Allgood;
`Jeffrey Saltman; Bill Sigler
`RE: IPR2020-00335, -00336, -00337, -00338, -00339, -00485, -00486 - Motion to Disqualify
`Friday, August 21, 2020 12:10:33 PM
`
`Counsel:
`
`The panels respond as follows: We authorize (1) Patent Owner to file a motion to withdraw
`Dr. Almeroth’s declaration and CV (Exs. 2001, 2043), and (2) Petitioner to file a motion to
`withdraw its motion to disqualify Dr. Almeroth and supporting exhibits. These motions should
`be filed within five business days of this email. As we understand that these motions are
`unopposed (the motions should include such representations), we do not provide for any time
`for oppositions to these motions.
`
`Thank you,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`
`
`
`From: Allan Bullwinkel <abullwinkel@hpcllp.com>
`Sent: Wednesday, August 5, 2020 4:48 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Michael Heim <mheim@hpcllp.com>; Chris First <cfirst@hpcllp.com>; James Batchelder
`<James.Batchelder@ropesgray.com>; McKeown, Scott <Scott.McKeown@ropesgray.com>; Andrew
`Radsch <andrew.radsch@ropesgray.com>; Mark Rowland <mark.rowland@ropesgray.com>; Adam
`Allgood <adam.allgood@fischllp.com>; Jeffrey Saltman <jeffrey.saltman@fischllp.com>; Bill Sigler
`<Bill.Sigler@fischllp.com>
`Subject: IPR2020-00335, -00336, -00337, -00338, -00339, -00485, -00486 - Motion to Disqualify
`
`Trials:
`
`In each of the subject IPR proceedings, the parties have met and conferred regarding Dr. Almeroth’s
`declaration (Ex. 2001) and Petitioner’s motion to disqualify Dr. Almeroth. To resolve the issues
`relating to Dr. Almeroth, Patent Owner agrees to no longer rely on Dr. Almeroth’s declaration and
`any references thereto in the preliminary response. Patent Owner also agrees that Dr. Almeroth will
`refrain from further participation in these proceedings. In turn, this should render moot Petitioner’s
`motion to disqualify Dr. Almeroth.
`
`To the extent the Board finds any filings are needed to address these issues, Patent Owner will file a
`
`
`
`motion to withdraw Dr. Almeroth’s declaration and CV (Exs. 2001, 2043), and Petitioner will file a
`motion to withdraw its motion to disqualify Dr. Almeroth and supporting exhibits. The parties
`propose filing their respective motions to withdraw within five business days of receiving the Board’s
`authorization to do so.
`
`If a conference call will help resolve these issues, the parties are available August 7 (10am-5pm ET),
`August 10 (10am-3pm ET), and August 11 (10am-5pm ET). Thank you.
`
`Respectfully submitted,
`
`Allan Bullwinkel
`Heim, Payne & Chorush, LLP
`713-221-2024
`abullwinkel@hpcllp.com
`
`This message, including any attachments, is a PRIVILEGED AND CONFIDENTIAL communication. If you are
`not the intended recipient, please notify me of the delivery error by replying to this message, and then delete it from
`your system, and recognize that any disclosure, copying, distribution or use of the information contained in or
`attached to this message is prohibited. Thank you.
`
`
`
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