`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`YITA LLC,
`Petitioner
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner
`
`___________________
`
`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`___________________
`
`
`
`PETITIONER YITA LLC’S
`WITHDRAWAL OF THE NOTICE OF
`REMOTE DEPOSITION OF MR. VLADIMIR ORLOV
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`

`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`Petitioner Yita LLC gives notice that it is withdrawing the deposition notice
`
`of Mr. Vladimir Orlov (Paper 31). Yita reserves the right to notice the deposition
`
`of Mr. Orlov in the future as permitted by Board rules and the scheduling order for
`
`this case.
`
`After filing the Notice to take Mr. Orlov’s deposition, Yita’s counsel learned
`
`that Mr. Orlov resides in Moscow, Russia, and that he planned to be physically
`
`located there during the deposition. See Appendix A. Because Yita’s counsel has
`
`concerns that a deposition in Russia would be unlawful, Yita is withdrawing the
`
`Notice until the parties can work out a suitable solution. Id. At that time, Yita will
`
`file the appropriate notice and seek to test Mr. Orlov’s testimony.
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/R. Wilson Powers III/
`
`
`R. Wilson Powers III
`Registration No. 63,504
`Counsel for Petitioner
`
`Date: June 14, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`

`

`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PETITIONER’S WITHDRAWAL OF THE NOTICE OF
`
`REMOTE DEPOSITION OF MR. VLADIMIR ORLOV was served
`
`electronically via e-mail on June 14, 2021, in its entirety on the following counsel
`
`of record for Patent Owner:
`
`David G. Wille (Lead Counsel)
`Chad C. Walters (Back-up Counsel)
`Clarke W. Stavinoha (Back-up Counsel)
`BAKER BOTTS L.L.P.
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
`
`Jefferson Perkins (Back-up Counsel)
`PERKINS IP LAW GROUP LLC
`jperkins@perkinsip.com
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/R. Wilson Powers III/
`
`
`R. Wilson Powers III
`Registration No. 63,504
`Counsel for Petitioner
`
`Date: June 14, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`16903422.2
`
`

`

`
`
`
`APPENDIX A
`
`APPENDIX A
`
`

`

`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Trey Powers
`Friday, June 11, 2021 5:22 PM
`Wille, David; Mark Walters; Walters, Chad
`Stavinoha, Clarke; jperkins@perkinsip.com; Jason Fitzsimmons; Steve Merrill; PTAB
`Account; John Bamert; Rischel Voigt
`RE: IPR2020-01139, -01142 (Discovery Scheduling)
`
`Dave,
`
`We are not asking you to prove a negative. We have simply and repeatedly asked for you to cite authority that
`depositions for U.S. cases are legal in Russia. You still have failed to provide any such authority, and as the proponent of
`the Russian deposition of your witness, that is your burden. Additionally, your references to past cases that your firm’s
`been involved in and your reliance on Wikipedia entries to undermine the U.S. State Department website are unavailing
`and do not give us the assurance that proceeding with a deposition in Russia would be lawful.
`
`In any event, your email eventually comes close to a workable solution in the penultimate paragraph. We would be
`willing to proceed with an interview of Mr. Orlov assuming: 1) the parties can reach the appropriate joint stipulation;
`and 2) the Board approves it. To that end, please prepare a joint stipulation for the interview of Mr. Orlov for our
`review. Once the parties have agreed to the stipulation, we can seek Board permission for entry of that stipulated
`procedure for the interview. We view Board permission for this approach as required. We note the parties sought and
`received Board permission before proceeding with interviews in PGR2020-00051 (which you cited below), and in
`IPR2020-01556 and IPR2020-01557.
`
`We do not believe we will receive Board permission to proceed with the interview before Tuesday and it will not be a
`deposition in any event. Accordingly, we will withdraw our Notice of Deposition and reschedule when and if the parties
`and the Board agree to an interview procedure.
`
`We suggest the parties may use a similar approach for Ms. Kaminskiene if necessary. We note that you have not
`confirmed her location or provided any authority indicating that a deposition at her location would be lawful.
`
`Thanks very much,
`Trey
`
`
`
`R. Wilson “Trey” Powers III, Ph.D.
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`Email: tpowers@sternekessler.com
`Direct: 202.772.8876
`
`Administrative Assistant: Cheryl Wagner
`Direct: 202.772.8961 Main: 202.371.2600
`
`From: Wille, David <david.wille@bakerbotts.com>
`Sent: Friday, June 11, 2021 3:52 PM
`To: Trey Powers <TPOWERS@sternekessler.com>; Mark Walters <walters@lowegrahamjones.com>; Walters, Chad
`<chad.walters@bakerbotts.com>
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; jperkins@perkinsip.com; Jason Fitzsimmons
`<JFITZSIMMONS@sternekessler.com>; Steve Merrill <SMERRILL@sternekessler.com>; PTAB Account
`<PTAB@sternekessler.com>; John Bamert <bamert@lowegrahamjones.com>; Rischel Voigt
`
`1
`
`

`

`<voigt@lowegrahamjones.com>
`
`Subject: RE: lPR2020-01139, -01142 (Discovery Scheduling)
`
`I:
`
`Trey,
`
`I cannot prove a negative for you but remember that my firm is involved in this too and because we have done this
`before, we do not have concerns about this. That should tell you something.
`I am as interested as you are in not
`
`participating in an illegal deposition. It should also tell you something that one of the depositions we defended
`
`previously was taken by the US Federal Government.
`
`If depositions were illegal in Russia, then I highly doubt the
`
`Federal Government would be taking one.
`
`You still have not produced any authority from Russia that depositions are illegal. Let’5 look at the two sources you are
`
`relying upon—the State Department Website and the Planet Depos websites.
`
`First, you relied upon the State Department website.
`
`I pointed out to you (1) that the website cites no Russian authority
`
`for its statement, and (2) has been wrong before in other instances for other countries. But don’t take my word for it—
`the website itself explicitly tells you not to rely upon it.
`l'DISCLAIMER: THE INFORMATION IS PROVIDED FOR GENERAL
`INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS INVOLVING
`INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR
`
`FOREIGN COUNSEL.” If that were not enough, there is further information about Russia on the website that can be
`
`easily demonstrate to be false. The website says as follows about Russia:
`
`Hague/Inter-American
`
`Party to Hague Service Convention?
`
`N0
`
`Party to Hague Evidence Convention?
`
`No
`
`But the Russian Federation is in fact a party to the Hague Service
`
`Convention: https:[[en.wikipedia.orglwikiZHague Service Convention
`
`The Russian Federation is also in fact a party to the Hague Evidence Convention:
`en.wiki edia.or wiki Ha ue Evidence Convention
`
`They have been a member of each since 2001. So obviously the State Department website is an unreliable source—as it
`
`itself tells you.
`
`Your second source of authority is Planet Depos. While a commercial court reporting service seems even less reliable,
`let’s consider that source. Planet Depos similarly does not cite any authority for its position and for all we know is just
`
`mimicking the erroneous information on the State Department website. Some good evidence of that is that they repeat
`
`the statement that Russia is not a member of the Hague Evidence Convention. Planet Depos includes a hyperlink to a
`website for that convention. The SAME website Planet Depos hyperlinks to also lists the Russian Federation as a
`
`member of Hague Evidence Convention! htt s: www.hcch.net en states hcch-mem bers detailsl ?sid=64 In other
`
`words, Planet Depos hyperlinks to a source demonstrating that their position on Russia is false.
`
`

`

`Our firm has used Planet Depos for depositions and one of our legal assistants contacted them yesterday. We were not
`given any authority for the statement on the website. But what we were told is that Planet Depos has been serving as
`court reporters for video depositions of witnesses in Russia during the pandemic. So the authority you rely upon seems
`to be ok with what we are planning to do next Tuesday. That should also give you further comfort to go forward with
`the deposition.
`
`
`We have no concern that the deposition would be legal. But if you do, then there is another potential solution. Please
`go look at the record in PGR2020-00051. In that case, a Japanese witness could not travel to the US Embassy to give a
`deposition due to Covid restrictions. Depositions in Japan are prohibited and so depositions normally can only take
`place at the US Embassy, which is US soil. The parties agreed to a procedure where a video interview of the witness was
`conducted (essentially a deposition without calling it a deposition) and the witness then adopted the transcript of the
`video interview as a witness statement. Thus, the procedure had the same effect as a deposition without being a
`deposition in fact. We would be fine to proceed in that manner if you prefer.
`
`
`Either way, we should go forward next Tuesday.
`
`
`Thanks,
`DW
`
`
`From: Trey Powers <TPOWERS@sternekessler.com>
`Sent: Thursday, June 10, 2021 8:55 AM
`To: Wille, David <david.wille@bakerbotts.com>; Mark Walters <walters@lowegrahamjones.com>; Walters, Chad
`<chad.walters@bakerbotts.com>
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; jperkins@perkinsip.com; Jason Fitzsimmons
`<JFITZSIMMONS@sternekessler.com>; Steve Merrill <SMERRILL@sternekessler.com>; PTAB Account
`<PTAB@sternekessler.com>; John Bamert <bamert@lowegrahamjones.com>; Rischel Voigt
`<voigt@lowegrahamjones.com>
`Subject: RE: IPR2020-01139, -01142 (Discovery Scheduling)
`
`
`[EXTERNAL EMAIL]
`
`Dave,
`
`
`While we cited to the U.S. State Department website in raising our concern, you have cited to no authority, Russian or
`otherwise, supporting your position. And while we appreciate your assurances, without some legal authority to support
`your assertion that the U.S. State Department website is incorrect, we remain skeptical that deposing Mr. Orlov while
`he’s in Russia would be legal. Indeed, in trying to resolve this issue, we have found information from several additional
`sources indicating that depositions in Russia for U.S. matters are not permitted. See e.g.
`https://planetdepos.com/locations/russia/ (stating that the Russian government “has declared that depositions are NOT
`PERMITTED in the country, and anyone caught taking one can be subject to criminal penalties, arrest, detention, or
`deportation.” (emphasis original).
`
`
`Under 37 CFR 42.53(b)(3), “Uncompelled deposition testimony outside the United States may only be taken upon
`agreement of the parties or as the Board specifically directs.” Of course we are willing, in view of the pandemic, to
`conduct a remote deposition of a declarant in a foreign country and not require Mr. Orlov to be made available for
`deposition in the United States as is typical. However, it goes without saying that we will not agree to take Mr. Orlov’s
`cross examination in a manner that does not comport with the law. Therefore, again, we ask that you provide adequate
`authority demonstrating the legality under Russian law of Mr. Orlov’s deposition in Russia. If we do not receive authority
`sufficient to establish to our satisfaction that Mr. Orlov’s deposition in Russia would be legal, then we must insist that
`you make him available in a different nation, where his deposition would be legal, or withdraw his declaration.
`
`3
`
`

`

`Please provide your authority, if any, by noon EDT tomorrow, June 11.
`
`Thanks very much,
`Trey
`
`R. Wilson “Trey” Powers Ill, Ph.D.
`Director
`Sterne, Kessler, Goldstein 8. Fox P.L.L.c.
`Email: tpowers@stemekessler.com
`Direct: 202.772.8876
`
`Administrative Assistant: Cheryl Wagner
`Direct: 202.772.8961 Main: 202.371.2600
`
`From: Wille, David <david.wi|le bakerbotts.com>
`
`Sent: Wednesday, June 9, 2021 2:40 PM
`
`To: Trey Powers <TPOWERS@sternekessler.com>; Mark Walters <walters@lowegrahamiones.com>; Walters, Chad
`
`<chad.walters@bakerbotts.com>
`
`Cc: Stavinoha, Clarke <c|arke.stavinoha@BakerBotts.com>; iperkins@perkinsip.com; Jason Fitzsimmons
`
`<JFITZSIMMONS@sternekessler.com>; Steve Merrill <SMERRILL@sternekess|er.com>; PTAB Account
`
`<PTAB@sternekessler.com>; John Bamert <bamert@lowegrahamiones.com>; Rischel Voigt
`
`<voig‘5@lowegrahamiones.com>
`Subject: RE: lPR2020-01139, -01142 (Discovery Scheduling)
`
`: T
`
`rey,
`
`1. You asked for us to confirm to you that Mr. Orlov would be in a place where the oath can be lawfully
`administered. We have done that. While you have cited to the State Department website, that source is by no
`means official and you will notice that it does not cite any Russian authority for that position. The website is
`
`wrong.
`
`I have run into that website being wrong in other instances as well. Our firm has participated in
`
`depositions for US litigation in Russia before. We are making Mr. Orlov available at the time and date that you
`
`requested and we have stipulated that the testimony is admissible.
`2. Yes, we confirm that, during her deposition, Ms. Kaminskiene will physically be in a location where she lawfully
`
`can be administered an oath under the meaning of 37 CFR 42.53(f)(1) prior to her deposition testimony. We will
`confirm the July 2 date with her.
`
`Thanks,
`DW
`
`From: Trey Powers <TPOWERS sternekessler.com>
`
`Sent: Wednesday, June 9, 2021 12:49 PM
`
`To: Wille, David <david.wille bakerbotts.com>; Mark Walters <wa|ters@|owegraham'|ones.com>; Walters, Chad
`
`<chad.walterszakerbotts.com>
`Cc: Stavinoha, Clarke <clarke.stavinoha BakerBotts.com>; iperkinsterkinsip.com; Jason Fitzsimmons
`<JFITZSIMMONS@sternekessler.com>; Steve Merrill <SMERRILL sternekessler.com>; PTAB Account
`
`<PTAB@sternekessler.com>; John Bamert <bamert@|owegrahamiones.com>; Rischel Voigt
`<voigt@lowegrahamiones.com>
`
`Subject: RE: lPR2020—01139, -01142 (Discovery Scheduling)
`
`[EXTERNAL EMAIL]
`
`

`

`Dave,
`
`Our concern is not about the admissibility of the testimony but about the legality of the deposition under Russian law.
`
`Therefore, a stipulation between the parties cannot address our concern. Additionally, in light of statements by the US
`State Department that we’ve directed you to, your allusion to a consultation with your Moscow office, without more,
`does not alleviate our concern either. Please provide a basis with legal support for your position that Russia permits
`
`sworn depositions of Russian nationals in Russia for use in a US proceeding.
`
`We will take Ms. Kaminskiene’s deposition on July 2. Again, please confirm that, during her deposition, Ms. Kaminskiene
`
`will physically be in a location where she lawfully can be administered an oath under the meaning of 37 CFR 42.53(f)(1)
`prior to her deposition testimony.
`
`Thanks very much,
`Trey
`
`R. Wilson “Trey” Powers Ill, Ph.D.
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.c.
`Email: tpowers@stemekessler.com
`Direct: 202.772.8876
`
`Administrative Assistant: Cheryl Wagner
`Direct: 202.772.8961 Main: 202.371.2600
`
`From: Wille, David <david.wille bakerbotts.com>
`Sent: Wednesday, June 9, 2021 10:54 AM
`
`To: Trey Powers <TPOWERS@sternekessler.com>; Mark Walters <walters@lowegrahamiones.com>; Walters, Chad
`
`<chad.walters@bakerbotts.com>
`
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; iperkins@perkinsip.com; Jason Fitzsimmons
`<JFITZSIMMONS@sternekessler.com>; Steve Merrill <SMERRILLQsternekessler.com>; PTAB Account
`
`<PTAB@sternekessler.com>; John Bamert <bamert@lowegrahamiones.com>; Rischel Voigt
`<voigt@lowegrahamiones.com>
`
`Subject: RE: lPR2020-01139, -01142 (Discovery Scheduling)
`
`I:
`
`Trey,
`
`A couple items:
`1. Your information about Russia is incorrect.
`
`I have verified with our Moscow office that the deposition will be
`
`legal. We are happy to stipulate to the admissibility of the deposition if you have any concern.
`
`2. Ms. Kaminskiene can give her deposition on July 1 or July 2.
`
`Thanks,
`DW
`
`From: Trey Powers <TPOWERS sternekessler.com>
`
`Sent: Tuesday, June 8, 2021 6:51 PM
`To: Wille, David <david.wille@bakerbotts.com>; Mark Walters <walters@lowegrahamiones.com>; Walters, Chad
`
`<chad.walters@bakerbotts.com>
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; igerkinSQEerkinsipsom; Jason Fitzsimmons
`
`<JFITZSIMMONS@sternekessler.com>; Steve Merrill <SMERRILLQsternekessler.com>; PTAB Account
`<PTAB@sternekessler.com>; John Bamert <bamert@lowegrahamiones.com>; Rischel Voigt
`
`5
`
`

`

`<voigt@lowegrahamiones.com>
`
`Subject: RE: lPR2020-01139, -01142 (Discovery Scheduling)
`
`[EXTERNAL EMAIL]
`
`Dave,
`
`Based on your email from yesterday, we understand that Mr. Orlov resides in Moscow, Russia. We also understand that
`
`the Russian Federation does not permit taking the voluntary deposition of willing witnesses in civil and commercial
`
`matters. See https:Z[trave|.state.gov[content[travel[enzlegal[Judicial-Assistance-Countm-
`lnformationlRussianFederation.htmI. Accordingly, please confirm that, during his deposition, Mr. Orlov will physically be
`
`in a location where he lawfully can be administered an oath under the meaning of 37 CFR 42.53(f)(1) prior to his
`
`deposition testimony. Assuming this is resolved, we will provide login details for the deposition when they are available
`
`and we will let you know if we need to start the deposition earlier.
`
`We will take Mr. Sherman’s deposition on July 28 and Mr. Osswald’s deposition on August 5.
`
`Mr. Chong’s deposition is premature until the Board rules on whether his declaration will be permitted as supplemental
`
`information. If it is permitted, we will contact you to schedule Mr. Chong’s deposition at that time.
`
`For Ms. Kaminskiene’s deposition, July 5th is not tenable because it is a US holiday. Please let us know all other dates that
`she is available for deposition. Please also confirm that, during her deposition, Ms. Kaminskiene will physically be in a
`location where she lawfully can be administered an oath under the meaning of 37 CFR 42.53(f)(1) prior to her deposition
`testimony.
`
`We will follow up with a preferred date for inspection of the Lada Niva.
`
`Thanks very much,
`Trey
`
`R. Wilson “Trey" Powers III, Ph.D.
`Director
`Sterne, Kessler, Goldstein 8. Fox P.L.L.c.
`Email: tpowers@stemekessler.com
`Direct: 202.772.8876
`
`Administrative Assistant: Cheryl Wagner
`Direct: 202.772.8961 Main: 202.371.2600
`
`From: Wille, David <david.wille@bakerbotts.com>
`Sent: Monday, June 7, 2021 9:48 AM
`
`To: Mark Walters <walters@lowegrahamiones.com>; Walters, Chad <chad.walters bakerbotts.com>
`
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; '|perkins@gerkinsip.com', Trey Powers
`<TPOWERS@sternekessler.com>; Jason Fitzsimmons <1FITZSIMMONS@sternekessler.com>; Steve Merrill
`
`<SMERRILL@sternekessler.com>; PTAB Account <PTABQsternekessler.com>; John Bamert
`
`<bamert@Iowegrahamiones.com>; Rischel Voigt <voi
`
`lowe raham'ones.com>
`
`Subject: RE: lPR2020-01139, -01142 (Discovery Scheduling)
`
`I:
`
`Mark,
`
`A few items with respect to the depositions:
`
`

`

`1. Mr. Orlov lives in Moscow which is a number of hours ahead. His deposition will need to be concluded by
`12:00 Central Time. We are happy to start as early as you would like to start. Per our prior agreement, you will
`be arranging for the Court reporter. Please let us know the login details once those are arranged. Also, please
`let us know if you would like to start earlier.
`
`2. You had requested additional deposition dates for Mr. Sherman and Mr. Osswald. Currently, we can present
`Mr. Sherman on July 20, 21, 22, 23, 24, 26, 27, 28, 29 and August 3, 4, 5, and 6. We can present Mr. Osswald
`on July 27, 28, 29, 30 and August 2, 4, 5, and 6. This is in addition to the dates previously provided.
`
`3. We can present Mr. Chong on June 11, 14, or 15.
`
`4. With respect to Ms. Kaminskiene, she is very busy but we can present her for deposition on July 5th. Please
`let us know quickly on this one.
`
`5. The Lada Niva will be available in the Chicago area. Once you let us know a preferred date, we will make
`arrangements for a specific place.
`
`Thanks,
`DW
`
`
`David Wille
`Partner
`
`
`Baker Botts L.L.P.
`David.wille@bakerbotts.com
`T 1-214-953-6595
`
`
`2001 Ross Ave. Suite 900
`Dallas, TX 75201
`
`
`
`
`From: Mark Walters <walters@lowegrahamjones.com>
`Sent: Wednesday, June 2, 2021 3:58 PM
`To: Wille, David <david.wille@bakerbotts.com>; Walters, Chad <chad.walters@bakerbotts.com>
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; jperkins@perkinsip.com; Trey Powers
`<TPOWERS@sternekessler.com>; Jason Fitzsimmons <JFITZSIMMONS@sternekessler.com>; smerrill-
`PTAB@sternekessler.com; PTAB@sternekessler.com; John Bamert <bamert@lowegrahamjones.com>; Rischel Voigt
`<voigt@lowegrahamjones.com>
`Subject: RE: IPR2020-01139, -01142 (Discovery Scheduling)
`
`
`[EXTERNAL EMAIL]
`
`David,
`
`
`We will take depositions of the following declarants on the dates below. Please inform the declarants. We will notice the
`depositions soon.
` Orlov – June 15
` Popp – June 28
` Granger – July 1
`
`
`
`7
`
`

`

`For Sherman and Osswald, please provide all dates (including weekends) they are available from July 7 through August 6.
`
`
`Since Mr. Li is not available for deposition, by COB Friday, June 4, either withdraw his declaration or provide your
`availability for a Board call next week.
`
`
`We are still awaiting Ms. Kaminskiene’s availability. Please provide by COB Friday, June 4.
`
`
`Finally, please let us know where the Lada Niva is available for inspection.
`
`
`Regards,
`Mark
`
`
`From: Wille, David <david.wille@bakerbotts.com>
`Sent: Friday, May 28, 2021 6:32 AM
`To: Mark Walters <walters@lowegrahamjones.com>; Walters, Chad <chad.walters@bakerbotts.com>
`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; jperkins@perkinsip.com; Trey Powers
`<TPOWERS@sternekessler.com>; Jason Fitzsimmons <JFITZSIMMONS@sternekessler.com>; smerrill-
`PTAB@sternekessler.com; PTAB@sternekessler.com; John Bamert <bamert@lowegrahamjones.com>; Rischel Voigt
`<voigt@lowegrahamjones.com>
`Subject: RE: IPR2020-01139, -01142 (Discovery Scheduling)
`
`
`Mark,
`We have consulted with the witnesses and given everyone’s schedule, the following dates are available for deposition
`for the witnesses noted:
`
`
`Sherman: June 10, 15, 29, 30
`Osswald: July 1, 2
`Granger: June 14, 15, 28, 29, 30, July 1
`Popp: June 10, 11, 14, 15, 28, 29, July 1
`Orlov: June 10, 11, 14, 15, 28, 29, 30, July 1, 2
`
`
`Some of these depositions should be short and there is no reason two depositions cannot occur on the same day for
`those witnesses.
`
`
`We can arrange for an inspection of the Lada Niva on virtually any day so we suggest that we get the deposition
`schedule set and then you can pick a day for that inspection.
`
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`With respect to Mr. Li, unfortunately he will not be available for a deposition between now and the time Petitioner’s
`briefing is due. If you would like to withdraw your request to take a deposition on this translation, please let us
`know. Otherwise, please let us know if you consent to us obtaining another translation from someone who would be
`available to provide a deposition.
`
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`Ms. Kaminskiene’ calendar is uncertain at this point and we are working on getting a date from her.
`
`
`
`Thanks,
`DW
`
`
`
`From: Mark Walters <walters@lowegrahamjones.com>
`Sent: Tuesday, May 25, 2021 9:31 PM
`To: Walters, Chad <chad.walters@bakerbotts.com>
`
`8
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`Cc: Stavinoha, Clarke <clarke.stavinoha@BakerBotts.com>; Wille, David <david.wille@bakerbotts.com>;
`jperkins@perkinsip.com; Trey Powers <TPOWERS@sternekessler.com>; Jason Fitzsimmons
`<JFITZSIMMONS@sternekessler.com>; smerrill-PTAB@sternekessler.com; PTAB@sternekessler.com; John Bamert
`<bamert@lowegrahamjones.com>; Rischel Voigt <voigt@lowegrahamjones.com>
`Subject: IPR2020-01139, -01142 (Discovery Scheduling)
`
`
`[EXTERNAL EMAIL]
`
`Chad:
`
`
`Petitioner would like to schedule depositions in this case of the following witnesses between June 14-27:
` Xin Li – (EX2023)
` Bruce D. Popp – (EX2024)
`
`Janina Kaminskiene – (EX2031)
` Vladimir Orlov – (EX2031)
`
`
`
`Petitioner would like to take the deposition of Ryan Granger on June 28, 29, 30, or July 1,
`
`
`Petitioner would like to take the deposition of Ray Sherman on July 9, 12, or 13,
`
`
`Petitioner would like to take the deposition of Tim A. Osswald on July 15, 16, or 19, and
`
`
`Petitioner would also like to schedule an inspection of the Lada Niva purchased by Patent Owner and
`referenced in the POR sometime on June 28, 29, or 30.
`
`
`Please check the availability of the witnesses and let us know so we can get the deposition schedule set soon.
`Please also confirm that the Lada Niva will be available for inspection so that we can finalize plans to inspect it.
`
`
`Best,
`Mark.
`
`
`Mark P. Walters
`LOWE GRAHAM JONES PLLC
`701 Fifth Avenue, Suite 4800 - Seattle, Washington 98104
`206.381.3300 Fax: 206.381.3301 LoweGrahamJones.com
`DD: 206.957.2470 Cell: 206.501.8623 Walters@LoweGrahamJones.com
`
`
`
`
`Information in this email message may be privileged, confidential and protected
`from disclosure. If received in error, please respond and destroy all copies.
`
`
`
`
`
`
`
`Confidentiality Notice:
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`9
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`The information contained in this email and any attachments is intended only for the recipient[s] listed above and may be privileged
`and confidential. Any dissemination, copying, or use of or reliance upon such information by or to anyone other than the recipient[s]
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`10
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