From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Trials
`Jeschke, Eric; Mayberry, James; Gerstenblith, Bart
`Trials
`FW: Case IPR2020-01026 - Authorization to file Reply to Preliminary Response
`Tuesday, September 29, 2020 4:31:29 PM
`image001.png
`
`PO’s response is below
`
`Thanks
`Andrew
`
`From: Kellar, Kyle W. <KKellar@lrrc.com>
`Sent: Tuesday, September 29, 2020 10:59 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Martone, Jason C. <jmartone@lrrc.com>; Schilly, Sami I. <SSchilly@lrrc.com>; CaravanCanopy-
`WalmartLit <CaravanCanopy-WalmartLit@kilpatricktownsend.com>; McAllister, Tyler
`<TMcAllister@kilpatricktownsend.com>; Reed, David <DReed@kilpatricktownsend.com>
`Subject: RE: Case IPR2020-01026 - Authorization to file Reply to Preliminary Response
`
`Dear Honorable Board,
`
`Patent Owner objects to Petitioner having included substantive argument in its email to Board. See
`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/trials/patent-
`trial-and-appeal-board-end (“Unless otherwise authorized, ... do not use the Trials@uspto.gov email
`address for substantive communications to the Board.”).
`
`Patent Owner respectfully requests either a conference call be conducted so it may provide its
`position or express authorization from the Board to provide its position on Petitioner’s request via
`email.
`
`Also, if the Board grants Petitioner’s request, Patent Owner respectfully requests a sur-reply to
`respond to Petitioner’s reply.
`
`Best Regards,
`Kyle Kellar
`Counsel for Patent Owner
`
`From: Reed, David <DReed@kilpatricktownsend.com>
`Sent: Tuesday, September 29, 2020 5:34 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Kellar, Kyle W. <KKellar@lrrc.com>; Martone, Jason C. <jmartone@lrrc.com>; Schilly, Sami I.
`<SSchilly@lrrc.com>; CaravanCanopy-WalmartLit <CaravanCanopy-
`WalmartLit@kilpatricktownsend.com>; McAllister, Tyler <TMcAllister@kilpatricktownsend.com>
`Subject: Case IPR2020-01026 - Authorization to file Reply to Preliminary Response
`
`[EXTERNAL]
`
`1
`
`Ex. 3001
`IPR2020-01026
`
`

`

`Walmart Inc. v. Caravan Canopy Int’l, Inc.
`Case IPR2020-01026
`Patent No. 5,944,040
`
`Dear Trials,
`
`Petitioner hereby requests authorization to file a Reply to Patent Owner’s Preliminary Response to
`respond to Patent Owner’s argument that the Board should exercise its statutory discretion and
`deny institution under 35 U.S.C. § 314(a). POPR, at 3-15.
`
`Petitioner believes good cause exists under 37 C.F.R. § 42.108(c) because Petitioner could not have
`reasonably foreseen the scope and extent of Patent Owner’s arguments on § 314(a), including
`Patent Owner’s arguments regarding the relevance of other litigations to which Petitioner is not a
`party and the effect of the district court’s stay of the underlying litigation on the Fintiv analysis.
`
`The parties have conferred, and Patent Owner opposes this request. If a conference call is
`necessary, the parties are jointly available at the following times:
`
`
`September 29: 3:30 – 5:00 pm ET
`October 1: 1:00 – 5:00 pm ET
`October 2: 11:30 am – 5:00 pm ET
`
`
`Best regards,
`
`David Reed
`Counsel for Petitioner
`
`
`
`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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`
`2
`
`Ex. 3001
`IPR2020-01026
`
`

`

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`3
`
`Ex. 3001
`IPR2020-01026
`
`