`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`PLAYTIKA LTD., PLAYTIKA HOLDING CORP.,
`and ARISTOCRAT TECHNOLOGIES, INC.
`Petitioner,
`
`v.
`
`NEXRF CORP.,
`Patent Owner.
`
`__________________
`
`Case IPR2021-00951
`Patent 8,747,229
`__________________
`
`JOINT STIPULATION TO MODIFY SCHEDULE
`
`
`
`
`
`
`
`
`
`On May 13, 2022, the Court of Appeals for the Federal Circuit issued a Rule
`
`36 judgment in Appeal No. 21-2147, affirming the Nevada District Court’s finding
`
`that the ’229 patent is invalid under 35 U.S.C. § 101. In the interest of judicial
`
`economy and economy to the parties, the parties agreed to extend portions of Due
`
`Dates 2, 3, 5, and 6 by stipulation until after the August 11, 2022, deadline for
`
`Patent Owner to submit a writ of certiorari to the Supreme Court. The parties also
`
`agreed that if the Patent Owner decides not to pursue the Supreme Court appeal,
`
`the parties will jointly move to terminate IPR2021-00951.
`
`The modified Due Dates 2, 3, 5, and 6 are the last dates on which
`
`corresponding papers are due. The parties agree that should the Patent Owner
`
`decide to pursue the Supreme Court appeal before July 18, 2022, then Patent
`
`Owner agrees to so inform Petitioner. Petitioner then will have one month from the
`
`date on which the Petitioner is notified of the Patent Owner’s intention to pursue
`
`the Supreme Court appeal to file Petitioner’s Reply (which in no circumstance
`
`would be later than August 18, 2022). The Patent Owner will then have a month
`
`from the filing of the Petitioner’s Reply to file Patent Owner’s Sur-Reply (which in
`
`no circumstance would be later than August 25, 2022).
`
`In accordance with the guidance provided in the Scheduling Order (Paper
`
`16) providing authorization to modify certain due dates by stipulation, the Parties
`
`hereby stipulate to modify the schedule as follows:
`
`1
`
`
`
`
`
`Previous Date
`Due Date Description
`June 23, 2022
`2
`Petitioner’s Reply
`3
`Patent Owner’s Sur-Reply August 5, 2022
`4
`Request for Oral Argument July 26, 2022
`
`August 16, 2022
`
`New Date
`August 18, 2022
`August 25, 2022
`July 26, 2022
`(unchanged)
`August 26, 2022
`
`5
`
`6
`
`7
`
`8
`
`Motions to Exclude
`Evidence
`Opposition to Motions to
`Exclude Evidence
`Reply to Opposition to
`Motions to Exclude
`Evidence
`Oral Argument
`
`August 23, 2022
`
`August 29, 2022
`
`August 30, 2022
`
`August 30, 2022
`(unchanged)
`
`September 7, 2022 September 7, 2022
`(unchanged)
`
`
`By agreement, Petitioner files this Notice on behalf of the Parties.
`
`Date: June 6, 2022
`
`
`
`
`
`Respectfully Submitted,
`
`By: /Cory Bell/
`
`Cory Bell (Reg. No. 75,096)
`Lead Counsel for Petitioner
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`Two Seaport Lane
`Boston, MA 02210-2001
`Tel:
`(617) 646-1641
`Fax: (617) 646-1666
`
`Gerson Panitch (Reg. No. 33,751)
`Forrest Jones (Reg. No. 74,123)
`Christina Ji-Hye Yang (Reg. No. 79,103)
`Backup Counsel for Petitioner
`
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`901 New York Avenue NW
`Washington, DC 20001-4413
`
`2
`
`
`
`
`
`
`
`(202) 408-4000
`Tel:
`Fax: (202) 408-4400
`Email: Playtika-IPR@finnegan.com
`
`By: /Eugene LeDonne/
`Eugene LeDonne (Reg. No. 35,930)
`Lead Counsel for Patent Owner
`
`Brian Murphy (Reg. No. 34,986)
`Jonathan Herstoff (Reg. No. 64,847)
`Christopher Gosselin (pro hac vice
`requested)
`Backup Counsel for Patent Owner
`
`HAUG PARTNERS LLP
`745 Fifth Avenue
`New York, New York 10151
`Telephone: (212) 588-0800
`Facsimile: (212) 588-0500
`Email: ipr.NEXRF@haugpartners.com
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a copy of the foregoing Joint Stipulation to
`
`Modify Schedule was served electronically via email on June 6, 2022, in its entirety
`
`on the following:
`
`Eugene LeDonne
`Brian Murphy
`Jonathan Herstoff
`Christopher Gosselin
`HAUG PARTNERS LLP
`745 Fifth Avenue
`New York, New York 10151
`Eledonne@haugpartners.com
`BMurphy@haugpartners.com
`JHerstoff@haugpartners.com
`cgosselin@haugpartners.com
`ipr.NEXRF@haugpartners.com
`
`
`
`
`
`
`
`Date: June 6, 2022
`
`
`
`Adam Yowell
`Alastair Warr
`FISHERBROYLES
`5470 Kietzke Ln, Suite 300
`Reno, NV 89511
`adam.yowell@fisherbroyles.com
`alastair.warr@fisherbroyles.com
`
`David Garr
`David Cho
`COVINGTON & BURLING LLP
`One CityCenter
`850 Tenth Street, NW
`Washington, DC 20001-4956
`dgarr@cov.com
`djcho@cov.com
`
`By: /William Esper/
`William Esper
`Case Manager and PTAB Coordinator
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`
`
`
`
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