`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`XILINX, LLC,
`Petitioner,
`
`v.
`
`FG SRC LLC,
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2021-00633
`Patent No. 7,149,867
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT MOTION TO STRIKE SECTION IV OF
`PATENT OWNER’S PRELIMINARY RESPONSE
`
`
`
`Case IPR2021-00633
`Attorney Docket No: 42653-0026IP1
`
`I.
`
`INTRODUCTION
`On July 1, 2021, counsel for Petitioner requested authorization to file this
`
`unopposed Joint Motion to Strike Section IV of Patent Owner’s Preliminary
`
`Response (Paper 12). The Board granted the request on July 7, 2021.
`
`II. ARGUMENT AND RELIEF REQUESTED
`The parties have stipulated to jointly request striking Section IV on pages 2-7
`
`of Patent Owner’s Preliminary Response. The arguments for discretionary denial
`
`under Fintiv were mistakenly included due to a misunderstanding of current
`
`facts. The parties agree that there is no basis for a Fintiv denial because no district
`
`court is progressing towards adjudication of the ’867 patent’s validity. The Board
`
`should therefore disregard Section IV in its entirety.
`
`There is good cause to grant this relief for at least the following reasons: (1)
`
`striking Section IV will clarify the record by eliminating erroneous facts; (2) striking
`
`Section IV will conserve the parties’ resources by negating the need for additional
`
`briefing; and (3) striking Section IV will conserve the Board’s resources by
`
`narrowing the issues for adjudication.
`
`III. ADDITIONAL INFORMATION
`
`The parties have also stipulated to inform the Board that, beyond Section IV,
`
`the arguments in Patent Owner’s Preliminary Response in this proceeding mirror
`
`those from the corresponding brief in the instituted Intel IPR (Case IPR2020-01449).
`
`1
`
`
`
`
`
`
`Date: July 9, 2021
`
`
`
`
`
`
`Date: July 9, 2021
`
`
`
`
`
`
`
`
`
`Case IPR2021-00633
`Attorney Docket No: 42653-0026IP1
` Respectfully submitted,
`
`/Kenneth Wayne Darby Jr./
`
` David M. Hoffman, Reg. No. 54,174
` Kenneth Wayne Darby Jr., Reg. No. 65,068
` Attorneys for Petitioner
`
`
`
`Customer Number 26191
`Fish & Richardson P.C.
`Telephone: (202) 783-5070
`Facsimile: (877) 769-7945
`
`/s/ Jay P. Kesan
`Jay P. Kesan, Reg. No. 37,488
`Cecil E. Key (PHV submitted)
`DIMUROGINSBERG, PC
`DGKEYIP GROUP
`1750 Tyson’s Blvd. Suite 1500
`Tysons Corner, VA 22102
`jkesan@dimuro.com
`ckey@dimuro.com
`Telephone: (703) 289-5118
`
`Ari Rafilson, Reg. No. 58,693
`Shore Chan DePumpo LLP
`901 Main Street, Suite 3300
`Dallas, TX 75202
`arafilson@shorechan.com
`Telephone: (214) 593-9110
`
`Attorneys for Patent Owner
`
`2
`
`
`
`Case IPR2021-00633
`Attorney Docket No: 42653-0026IP1
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on July 9, 2021,
`
`a complete and entire copy of this Joint Motion To Strike Section IV of Patent
`
`Owner’s Preliminary Response was provided by email, to the Patent Owner by
`
`serving the correspondence email address of record as follows:
`
`Jay P. Kesan
`DIMUROGINSBERG, PC
`DGKEYIP GROUP
`1750 Tysons Blvd., Suite 1500
`Tysons Corner, VA 22102
`
`Ari Rafilson, Reg. No. 58,693
`SHORE CHAN LLP
`901 Main Street, Suite 3300
`Dallas, TX 75202
`
`Email: jkesan@dimuro.com
`arafilson@shorechan.com
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
