From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Trials
`Jeschke, Eric; Mayberry, James; Gerstenblith, Bart
`Trials
`FW: Walmart v. Caravan Canopy, IPR2020-1026 - Request for authorization to file corrected exhibit
`Monday, September 13, 2021 4:19:00 PM
`image004.png
`image005.png
`image001.png
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`Please see below
`
`Thanks
`Andrew
`
`From: Kellar, Kyle W. <KKellar@lewisroca.com>
`Sent: Monday, September 13, 2021 12:23 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Martone, Jason C. <JMartone@lewisroca.com>; Schilly, Sami I. <SSchilly@lewisroca.com>;
`French, Steven <SFrench@lewisroca.com>; 2KST@knobbe.com; 2AMD@knobbe.com;
`2LXK@knobbe.com; BoxZSHADE-IPR@knobbe.com; RNeifeld <rneifeld@neifeld.com>;
`dgunningsmith@carmodylaw.com; bill@brownwegner.com; McAllister, Tyler
`<TMcAllister@kilpatricktownsend.com>; Geyer, Kate <KGeyer@kilpatricktownsend.com>;
`CaravanCanopy-WalmartLit <CaravanCanopy-WalmartLit@kilpatricktownsend.com>; Reed, David
`<DReed@kilpatricktownsend.com>
`Subject: RE: Walmart v. Caravan Canopy, IPR2020-1026 - Request for authorization to file corrected
`exhibit
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear PTAB Trials and Honorable Board,
`
`Patent Owner opposes Petitioner’s request on two grounds. First, Petitioner’s request is untimely as
`it comes after all substantive deadlines have passed and over a month after Petitioner discovered, or
`at least should have discovered, the discrepancy in Exhibit 1032. Second, Petitioner’s request
`represents a selective supplement to the record of this proceeding.
`
`As to the first point, Petitioner served, but did not file, Exhibit 1047 in response to Patent Owner’s
`objections to Exhibit 1032 on July 22, 2021. (Paper 33, p. 5). Exhibit 1047 is similar, in content, to
`Petitioner’s proposed corrected Exhibit 1032. Cognizant of the Board’s instruction that emails to the
`Board should not include attachments absent authorization, Patent Owner is not attaching any un-
`filed exhibits to this email. (Paper 13, p. 2). Patent Owner will do so if authorized.
`
`Petitioner’s counsel represented via declaration testimony (served but not filed) accompanying
`Exhibit 1047 that “Exhibit 1032 is identical to Exhibit 1047, except the cover page” in spite of obvious
`differences therebetween. (Ex. 1048, ¶16). Thus, Petitioner should have discovered any
`discrepancy in Exhibit 1032 by at least July 22, 2021, when it served Exhibits 1047 and 1048.
`Nevertheless, Petitioner declined seek correction of Exhibit 1032 at that time or within any
`
`IPR2020-01026
`
`1
`
`Ex. 3002
`
`

`

`reasonable amount of time thereafter.
`
`As to the second point, Exhibit 1027 was filed without numerous images as explained in Patent
`Owner’s Motion to Exclude Evidence. (Paper 38, p. 9). Petitioner previously served, but did not file,
`Exhibit 1046, which was another version of Exhibit 1027 including the omitted images. Again,
`Petitioner’s counsel represented via declaration testimony that “Exhibit 1027 is identical to Exhibit
`1046, except the cover page” in spite of at least the inclusion of the images. (Ex. 1048, ¶6). Notably,
`Petitioner makes no similar effort to file a corrected version of Exhibit 1027.
`
`For these reasons, Patent Owner respectfully requests that Petitioner’s request be denied.
`
`Best Regards,
`Kyle Kellar
`Lead Counsel for Patent Owner
`
`
`
`Kyle W Kellar
`Associate
`
`KKellar@lewisroca.com
`D. 626.683.4590
`
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Monday, September 13, 2021 5:46 AM
`To: Reed, David <DReed@kilpatricktownsend.com>; Trials <Trials@USPTO.GOV>
`Cc: Kellar, Kyle W. <KKellar@lewisroca.com>; Martone, Jason C. <JMartone@lewisroca.com>; Schilly,
`Sami I. <SSchilly@lewisroca.com>; French, Steven <SFrench@lewisroca.com>; 2KST@knobbe.com;
`2AMD@knobbe.com; 2LXK@knobbe.com; BoxZSHADE-IPR@knobbe.com; RNeifeld
`<rneifeld@neifeld.com>; dgunningsmith@carmodylaw.com; bill@brownwegner.com; McAllister,
`Tyler <TMcAllister@kilpatricktownsend.com>; Geyer, Kate <KGeyer@kilpatricktownsend.com>;
`CaravanCanopy-WalmartLit <CaravanCanopy-WalmartLit@kilpatricktownsend.com>
`Subject: RE: Walmart v. Caravan Canopy, IPR2020-1026 - Request for authorization to file corrected
`exhibit
`
`[EXTERNAL]
`
`Counsel for Patent Owner,
`
`In order to assist the panel in ruling on Petitioner’s request, please briefly explain the reasoning behind
`your opposition.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`
`IPR2020-01026
`
`2
`
`Ex. 3002
`
`

`

`andrew.kellogg@uspto.gov
`(571)272-7822
`
`
`
`From: Reed, David <DReed@kilpatricktownsend.com>
`Sent: Wednesday, September 8, 2021 4:00 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Kellar, Kyle W. <KKellar@lewisroca.com>; Martone, Jason C. <JMartone@lewisroca.com>; Schilly,
`Sami I. <SSchilly@lewisroca.com>; French, Steven <SFrench@lewisroca.com>; 2KST@knobbe.com;
`2AMD@knobbe.com; 2LXK@knobbe.com; BoxZSHADE-IPR@knobbe.com; RNeifeld
`<rneifeld@neifeld.com>; dgunningsmith@carmodylaw.com; bill@brownwegner.com; McAllister,
`Tyler <TMcAllister@kilpatricktownsend.com>; Geyer, Kate <KGeyer@kilpatricktownsend.com>;
`CaravanCanopy-WalmartLit <CaravanCanopy-WalmartLit@kilpatricktownsend.com>
`Subject: Walmart v. Caravan Canopy, IPR2020-1026 - Request for authorization to file corrected
`exhibit
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Walmart Inc. v. Caravan Canopy Int’l, Inc.
`Case IPR2020-01026
`Patent No. 5,944,040
`
`Dear Board,
`
`Petitioner respectfully requests authorization to file a corrected Exhibit 1032 in the above-
`referenced case. Exhibit 1032 a capture of the website https://www.roofcorp.com/roof-
`systems/steep-slope/, which is linked in Petitioner’s Exhibit List. Petitioner discovered that the
`original exhibit, for unknown technical reasons, did not capture the complete text of the website as
`it appears at the URL. The attached corrected Exhibit 1032 accurately reflects the content of the URL
`linked in Petitioner’s Reply.
`
`Petitioner has conferred with counsel for Patent Owner, and Patent Owner opposes this request.
`
`If the Board determines that a conference call is required, the parties will confer to identify
`mutually-acceptable dates/times.
`
`Best regards,
`
`David Reed
`Counsel for Petitioner
`
`
`IPR2020-01026
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`3
`
`Ex. 3002
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`

`

`David A. Reed
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 745 2548 | cell 404 314 9717 | fax 404 541 3127
`dreed@kilpatricktownsend.com | My Profile | vCard
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`IPR2020-01026
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