Sent Monday, Decernber 20, 20271 3:54 PM
`To: PTAB Hearings <PTABHearings @USPTO.GOV>
`Ce: Ragusa, Paul A. <Paul.Ragusa@BakerBotts.com>; Tempesta, Jennifer C. <jennifer.termpesta@ bakerbotts.com=;
`Liquori, Steve <Steven.Liquori@BakerBotts.come; Mueller, Wesley <wmueller@leydig.com>; Hartmann, H. Michael
`<mhartmann@leydig.com>; Wittmann, Robert T. <bwittmann@leydig.com>; Gross, J. Karl <IGross @leydig.com>
`Subject: Petitioner's Request to Submit Supplernental Information | PEAG LLC et al. v. VARTA Microbattery, IPR2020-
`01211, 01212, -012713, -1714
`
`inropemgetinetneeee
`
`Dear Board,
`Pursuant to 37 C.F.R. § 42.123(b), Petitioner seeks permission to submit supplernental information which is relevant to
`the grounds at issue in the above referenced IPR proceedings. On December 15 & 16,in litigation proceedings involving
`the patents at issue in these IPRs, Petitioner took the deposition of Mr. Joachim Rieger, who is a Patent Specialist at
`VARTA Microbattery, the Patent Owner in these IPRs. During this deposition, Mr. Rieger provided testimony regarding
`the beading of all VARTA Coinpower® batteries.
`
`Given Patent Owner's reliance upon cornmercial success of their Coinpower® batteries in these proceedings in
`connection with alleged secondary indicia of non-obviousness, testimony which casts doubt upon whether those
`batteries are covered by the patent claims at issue (which Petitioner submits Mr. Rieger's testimony does)is particularly
`rélevant. Since this testimony was received only last week, Petitioner submits that it could not have reasonably been
`obtained earlier. Further, given the relevance of the testimony, Petitioner submits that consideration of the
`supplemental information would be in the interests-of-justice.
`
`To that end, Petitioner requests a call with the Board in order to further explain the circumstances of this testimony and
`its relevance to the present IPRs, if necessary.
`If a call is not required, Petitioner requests authorization to file a motion
`to submit the supplemental information, which consists of excerpted portions of Mr. Rieger's testimony related to the
`features of “beading over" in Coinpower® products.
`
`Patent Owner opposes Petitioner's request. According to the Patent Qwner, the testimony referenced by Petitionerin
`fact supports Patent Owner's contention that its Coinpower® batteries are covered by the challenged patents. Beyond
`that, Petitioner knew of the information well before the November hearing, through materials in these proceedings and
`discovery in the related litigation, as well as from publicly available information.
`
`Best regards,
`Nick Palmieri
`
`Nick Palmieri
`Associate
`Pronouns: hehim/hAe
`
`Baker Botts LLP.
`
`nick.palmieri@ bakerbotts.com
`T +1.212.408.2640
`F +1212,.4592440
`M +1.917.376.0250
`
`30 Rockefeller Plaza
`
`New York, New York 101172
`United States of America
`
`BAKER BOTTS
`
`AOC
`
`Exhibit 3001
`Exhibit 3001
`
`