`Sent:
`To:
`Cc:
`
`Subject:
`
`McKeown, Scott <Scott.McKeown@ropesgray.com>
`Friday, June 19, 2020 12:21 AM
`Trials
`'Joe Edell'; Rowland, Mark D.; Radsch, Andrew; Batchelder, James R.; Adam Allgood;
`'Allan Bullwinkel'; Michael Heim
`IPR2020-00335-00338 & IPR2020-00485-00486
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Flagged
`
`Trials:
`
`In view of the recent precedential designation in Apple Inc. v. Fintiv, Inc., IPR2020‐00019, Paper 11 (March 20, 2020),
`and its relevance to Patent Owner’s arguments in its Patent Owner’s Preliminary Responses in IPR2020‐00335, ‐00336, ‐
`00337, ‐00338, ‐00339, ‐00485, and ‐00486, Petitioners seek authorization from the assigned panel to file a 10‐page
`reply addressing the new precedential factors to be applied to these cases. As these factors were made precedential
`after each petition was filed, they could not have been addressed earlier, or applied to present district court
`developments.
`
`Petitioners have conferred with Patent Owner’s counsel. Patent Owner stated that it will not oppose a request for a 10‐
`page reply to specifically address the new precedent so long as Petitioners will not oppose Patent Owner being granted
`leave to file a 10‐page sur‐reply to address arguments raised in the reply. Petitioners agreed to the Patent Owner’s
`proposal. However, Petitioners also indicated that they at least intended to submit litigation scheduling and hearing
`transcript documents as exhibits to demonstrate factual inaccuracies of the POPRs. Patent Owner would not agree to
`the Petitioners supporting their Reply with exhibits from the litigation.
`
`Petitioners request a conference call to resolve the issues, the parties have conferred and are available June 22 (10am‐
`2pm ET), June 24 (10am‐2pm ET), and June 25 (10am‐2pm ET).
`
`Counsel for Petitioner Palo Alto Networks (Counsel for Juniper Networks Inc. joins in this request)
`
`Scott A. McKeown
`ROPES & GRAY LLP
`T +1 202 508 4740 | M +1 571 395 6662
`2099 Pennsylvania Avenue, N.W.
`Washington, DC 20006-6807
`Scott.McKeown@ropesgray.com
`www.ropesgray.com
`
`This message (including attachments) is privileged and confidential. If you are not the intended recipient, please delete it
`without further distribution and reply to the sender that you have received the message in error.
`
`IPR202-00335, -00336, -00337, -00485
`Ex. 3002
`
`1
`
`
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