From:
`To:
`
`Subject:
`Date:
`
`Mayle, Ted
`Trials; scott.mckeown@ropesgray.com; Reed, Kristopher; Ferrario, Matias; jcharkow@daignaultiyer.com;
`steven.pepe@ropesgray.com; matthew.shapiro@ropesgray.com; scott.taylor@ropesgray.com;
`cbiyer@daignaultiyer.com; smandir@daignaultiyer.com
`RE: IPR2021-00985, -00990
`Thursday, August 18, 2022 12:17:42 PM
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
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`
`Dear Trials,
`The parties submit this joint email regarding oral argument in the above-referenced cases.
`Petitioners request in-person argument. Patent Owner requests virtual argument so that lead
`counsel can argue motions at an in-person hearing in Waco, Texas on September 7 and also make
`oral arguments at the hearing (from Texas) before the Board on September 8.
`Regards,
`
`Ted Mayle
`Counsel for Petitioners
`
`
`Ted Mayle
`Kilpatrick Townsend & Stockton LLP
`Suite 600 | 1400 Wewatta Street | Denver, CO 80202
`office 303 607 3368 | fax 303 265 9618
`tmayle@kilpatricktownsend.com | My Profile | vCard
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Thursday, August 11, 2022 2:50 PM
`To: scott.mckeown@ropesgray.com; Reed, Kristopher <kreed@kilpatricktownsend.com>; Mayle,
`Ted <TMayle@kilpatricktownsend.com>; Ferrario, Matias <MFerrario@kilpatricktownsend.com>;
`jcharkow@daignaultiyer.com; steven.pepe@ropesgray.com; matthew.shapiro@ropesgray.com;
`scott.taylor@ropesgray.com; cbiyer@daignaultiyer.com; smandir@daignaultiyer.com
`Cc: Trials <Trials@USPTO.GOV>
`Subject: FW: IPR2021-00985, -00990
`
`
`
`
`Dear counsel,
`
`Oral argument in these proceedings is scheduled for September 8, 2022. The USPTO resumed
`the opportunity for in-person hearings beginning in July 2022, while also maintaining the
`option for hearings to be conducted virtually by video conference. At this time, the Board will
`schedule an in-person hearing only if requested by all parties. If either party requests a virtual
`hearing by video conference, the hearing will be conducted virtually for all parties.
`
`IPR2021-00990,
`Ex. 3006
`
`

`

`
`In these proceedings, neither party specifically requests an in-person hearing in its request for
`oral argument. Out of an abundance of caution, and to ensure that we understand the
`parties’ respective positions on this issue, Petitioner and Patent Owner are directed to meet
`and confer with regard to whether each requests that the hearing be conducted in person at
`USPTO headquarters in Alexandria, Virginia, or virtually by video conference. The parties shall
`inform the Board by email to Trials@uspto.gov, no later than Friday, August 19, 2022, of their
`respective positions on conducting the hearings in person or virtually.
`
`Thank you,
`
`Maria King
`Deputy Chief Clerk for Trials
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`703-756-1288
`
`
`
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