`Sent:
`To:
`Cc:
`Subject:
`
`Counsel,
`
`Danek, Brenda (CH)
`Friday, January 29, 2021 7:06 AM
`RJRITC1199; sarah.sladic@usitc.gov
`#C-M PMIITC - LW TEAM
`Inv. 337-TA-1199 - Meet and confer
`
`To memorialize this morning’s meet and confer:
`
`Respondents have narrowed their invalidity case in the interest of time and minimizing the number of issues presented
`at trial. Below are the list of arguments that we intended to proceed on:
`
`’238 Patent
`•
`Cohen
`• Newton
`•
`Lack of written description
`
`’915 Patent
`•
`Accord K
`•
`Accord JLI
`•
`Lack of written description
`
`’123 Patent
`• Morgan + Knowledge of a POSA, as evidenced by Counts-962, Adams, Park, and testimony from Burton/Accord
`Team and Mr. Flolid regarding the state of the art
`
`We also confirmed that we are only presenting invalidity challenges to the asserted claims of the ’123 patent.
`
`We look forward to your response to the bench memo that Clem discussed in the next hour or so and let us know if you
`would like to have another call on anything during lunch.
`
`Best regards,
`Brenda
`
`Brenda L. Danek
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Direct Dial: +1.312.876.7646
`Fax: +1.312.993.9767
`Email: brenda.danek@lw.com
`https://www.lw.com
`
`1
`
`Philip Morris Products, S.A.
`Exhibit 1039
`PMP v. RAI
`IPR2020-01602
`Ex. 1039-001
`
`