From:
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`Cc:
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`sommera@gtlaw.com
`Trials
`roshan@unifiedpatents.com; afawzy@unifiedpatents.com; fkiblawi@sughrue.com; ppark@sughrue.com;
`jrabena@sughrue.com; wmandir@sughrue.com
`IPR2021-00368: Petitioner"s Request for Reply to POPR
`Thursday, April 29, 2021 9:32:25 PM
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`Your Honors,
`
`Petitioner seeks authorization to file a 15-page evidentiary reply to the POPR filed on April 26, 2021 to
`address allegations related to the identification of the real-party-in-interest. The POPR relies on voluntary
`discovery provided by Unified in this proceeding after the filing of the Petition and Petitioner submits that
`there is good cause for a reply because Petitioner could not have anticipated that Patent Owner would
`include an argument that the Board need not consider at this stage, as set forth by the Board’s
`precedential decision in SharkNinja. Petitioner also could not have anticipated that Patent Owner would
`argue that SharkNinja does not apply at the time the petition was filed, given the Board’s explicit
`characterization of SharkNinja’s holding (“no RPI analysis necessary at institution absent allegation of
`time bar or estoppel based on unnamed RPI”).
`
`Petitioner has conferred with Patent Owner and Patent Owner opposes the requested reply. The parties
`are available to hold a telephone conference with the panel at any time between May 5th and May 7th.
`
`Regards,
`
`Andrew R. Sommer
`Reg. No. 53,932
`Counsel for Petitioner
`
`Andrew R. Sommer
`Shareholder
`
`Greenberg Traurig, LLP
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`Grzesiak SP.K.
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`IPR2021-00368
`Ex. 3001
`
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