Trials
`Trials; Lloyd Pollard
`Bhattacharyya, Arpita; McCauley, Robert; Garcia, Marta; Chen, Reuben; Kenneth Dyer; Nonie Barrigar
`RE: PR2020-00747 | Asetek Danmark A/S v. CoolIT Systems Inc.
`Tuesday, June 4, 2024 8:53:07 AM
`image001.png
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`The Board has not yet received a response to the May 15, 2024, order that directed the parties to
`either (1) file a notice or stipulation, signed by counsel for Petitioner, confirming that due to the
`provisions of a confidential settlement, Petitioner will no longer participate in this proceeding, or (2)
`meet and confer and inform the Board of their respective positions.
`
`The parties and their counsel of record are ordered to comply with the May 15, 2024, Order on or
`before June 10, 2024.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Wednesday, May 15, 2024 2:29 PM
`To: Lloyd Pollard <LPollard@wnlaw.com>; Trials <Trials@USPTO.GOV>
`Cc: Bhattacharyya, Arpita <arpita.bhattacharyya@finnegan.com>; McCauley, Robert
`<robert.mccauley@finnegan.com>; Garcia, Marta <marta.garcia@finnegan.com>; Chen, Reuben
`<rchen@cooley.com>; Kenneth Dyer <KDyer@wnlaw.com>; Nonie Barrigar
`<NBarrigar@WNLaw.com>
`Subject: RE: PR2020-00747 | Asetek Danmark A/S v. CoolIT Systems Inc.
`
`Counsel,
`
`In order to proceed, the Board requires confirmation on the record from Petitioner that Petitioner
`does not intend to participate further in this proceeding. The parties are, therefore, directed to file
`a notice or stipulation, signed by counsel for Petitioner, confirming that due to the provisions of a
`confidential settlement, Petitioner will no longer participate in this proceeding. The notice or
`stipulation should also indicate that Petitioner understands and consents that its decision to refrain
`from further participation in this proceeding may be treated as a request for adverse judgment
`pursuant to 37 C.F.R. § 42.73(b).
`
`If the parties are unable or unwilling to submit such a notice or stipulation, they are ordered to
`confer and inform the Board via email of their respective positions.
`
`IPR2020-00757
`Ex. 3003
`
`

`

`Regards,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`From: Lloyd Pollard <LPollard@wnlaw.com>
`Sent: Thursday, May 9, 2024 5:19 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Bhattacharyya, Arpita <arpita.bhattacharyya@finnegan.com>; McCauley, Robert
`<robert.mccauley@finnegan.com>; Garcia, Marta <marta.garcia@finnegan.com>; Chen, Reuben
`<rchen@cooley.com>; Kenneth Dyer <KDyer@wnlaw.com>; Nonie Barrigar
`<NBarrigar@WNLaw.com>
`Subject: PR2020-00747 | Asetek Danmark A/S v. CoolIT Systems Inc.
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Patent Trial and Appeal Board,
`
`Following remand of this IPR and pursuant to the Board’s Standard Operating Procedure 3, Patent
`Owner CoolIT Systems, Inc. (CoolIT) and Petitioner Asetek Danmark A/S (Asetek) have conferred.
`
`CoolIT informed Asetek of its position that neither ground reference asserted against U.S. Patent No.
`9,057,567 (’567 patent) satisfies the Federal Circuit’s construction of “matingly engaged.”
`
`Asetek confirmed that it will no longer participate in this IPR pursuant to a confidential settlement
`agreement between the parties.
`
`Accordingly, CoolIT respectfully requests that the Board issue a final written decision confirming
`patentability of all challenged claims in the ’567 patent. Alternatively, if the Board finds additional
`briefing to be necessary, CoolIT respectfully requests leave to submit up to 20 pages of briefing by
`August 15, 2024, to address deficiencies in the asserted grounds and ground references under the
`Federal Circuit’s construction of “matingly engaged.”
`
`Should the Board wish to conduct a teleconference, counsel for Patent Owner is presently available
`through June 15, 2024, as follows (all times listed are in the Pacific time zone):
`
`May 21, 10 am – 12 pm
`May 23, 1:30 – 4 pm
`May 24
`May 29, 1 - 6 pm
`June 3
`June 7
`June 10
`June 14
`
`

`

`
`Counsel for Petitioner Asetek Danmark A/S is copied on this e-mail.
`
`Best regards,
`-Lloyd L. Pollard II
`Reg. No. 64,793
`Counsel for Patent Owner CoolIT Systems, Inc.
`
`
`Lloyd L. Pollard II
`Shareholder | Patent Attorney
`Office-Direct: (801) 322-8461
`Mobile: (503) 475-5155
`Email: LPollard@wnlaw.com
`
`
`
`PRIVACY: This e-mail may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and
`any attachments and notify the sender immediately, and do not use, copy, or disclose to anyone any of the contents hereof.
`
`