`Trials
`Sung, Lawrence; Summers, Teresa; Sylvia, Mary; Tucker, Todd
`IPR2020-01573 New World Medical, Inc. v. MicroSurgical Technology, Inc.
`Tuesday, December 22, 2020 9:39:47 PM
`image124837.png
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Dear PTAB,
`
`Petitioner New World Medical, Inc. (“Petitioner”) respectfully requests authorization under 37 C.F.R.
`§42.108(c) to file a reply to Patent Owner MicroSurgical Technology, Inc.’s (“Patent Owner”)
`Preliminary Response in IPR2020-01573.
`
`Petitioner submits that good cause to grant the request exists based on Patent Owner’s assertions
`that the Petition does not name the University of Colorado (“University”) as a real-party-in-interest
`(“RPI”) in this proceeding and that the Board should deny institution on this basis. Good cause also
`exists based on the Board’s recent designation of certain decisions related to the RPI issue as
`precedential and Patent Owner’s characterization of those decisions in the Preliminary Response.
`Petitioner could not have anticipated Patent Owner’s arguments on the RPI issue at least because
`Petitioner and the University are separate entities, Patent Owner filed a complaint for patent
`infringement against Petitioner on the patent at issue in this proceeding but did not name the
`University as a defendant, and there is no potential statutory time bar issue to this proceeding
`regardless of whether the University is an RPI. Petitioner respectfully requests 10 pages for its
`reply.
`
`Counsel for the parties have conferred. Patent Owner does not oppose Petitioner’s request to file a
`reply and Petitioner has agreed to not oppose Patent Owner’s motion for leave to file a surreply in
`the event that Patent Owner chooses to file such a motion. The parties are available from 10:00
`a.m. ET through 4:00 p.m. ET on December 28-30, 2020 if the Board would like a conference call to
`discuss this issue. Thank you.
`
`Best regards,
`Kyle Deighan
`Counsel for Petitioner
`
`Kyle T. Deighan
`Not Licensed in Ohio; Licensed in DC and NY
`
`kdeighan@calfee.com
`216.622.8551 Office
`216.241.0816 Fax
`
`Calfee, Halter & Griswold LLP
`The Calfee Building
`1405 East Sixth Street
`Cleveland, OH 44114‑1607
`
`IPR2020-01573
`Ex. 3002 p. 1 of 2
`
`
`
`Calfee.com | Info@Calfee.com | 888.CALFEE1
`
`vCard
`
`This electronic mail transmission may contain confidential and legally privileged information from the law firm of Calfee,
`Halter & Griswold LLP intended only for the use of the individual(s) identified as addressee(s). If you are not the
`intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on
`the contents of this electronic mail transmission is strictly prohibited. If you have received this transmission in error, please
`notify me by telephone immediately.
`
`IPR2020-01573
`Ex. 3002 p. 2 of 2
`
`
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