From:
`To:
`Cc:
`
`Subject:
`
`Date:
`Attachments:
`
`Stephanie Berger
`Trials
`TD-PTAB; Neil Benchell; Andrew DeMarco; Christopher Clayton; Keese, Daniel T. (Perkins Coie); Tessar, Amanda
`(Perkins Coie); PerkinsServiceSisvelIPR@perkinscoie.com; "Jeremy Peterson"; "Brad Cangro";
`TCLSisvelIPRService@pvuslaw.com; Jacob.baron@hklaw.com; "Allison.Lucier@hklaw.com"; cradlepoint-
`IPRService@hklaw.com; bburoker@gibsondunn.com; "Torchia, Paul E."; Curtis, Nathan R.; Dell-
`IPRService@gibsondunn.com; Meredith Addy; robert@addyhart.com; Greg Gulliver; Thales Sisvel; "Weed,
`Benjamin E."; Halverson, Erik J.; "Bozzo, Brian P."; SISVELII.IPR.Service@klgates.com
`IPR2021-01141 - Request to Strike Expert Declaration Submitted with Reply to Patent Owner Preliminary
`Response
`Friday, December 3, 2021 2:26:08 PM
`image001.png
`RE Case No. IPR2021-01141 Request for Leave to File Reply To Patent Owner Preliminary Response.msg
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Board,
`
`While Petitioners were permitted to file a reply to Patent Owner’s Preliminary Response limited to
`six (6) pages in IPR2021-01141, Petitioners included with the reply an expert declaration of ten
`pages. (Paper 17; Ex. 1017) Petitioners never requested permission to file an expert declaration,
`which more than doubles the number of pages that they were granted by the Board for the reply.
`(See attached email).
`
`Accordingly, Patent Owner requests that the Board strike the declaration submitted by Mr. James
`Proctor (Ex. 1017). If the Board either requires a formal motion to strike or declines to strike the
`declaration, then Patent Owner requests in the alternative that it be granted a one week extension
`to submit the six (6) page sur-reply authorized by the Board and the ability to submit its own expert
`declaration with the sur-reply. This would revise the due for Patent Owner’s sur-reply from
`December 9 to December 16, 2021.
`
`Patent Owner has reached out to Petitioners regarding the above. While Petitioners oppose a
`motion to strike, Petitioners do not oppose the proposed alternative relief of a one week extension
`and the ability for Patent Owner to submit an expert declaration.
`
`Best regards,
`Stephanie Berger
`
`IPR2021-01141
`Ex. 3002
`
`