From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Trials
`David Gosse; Trials
`Jon Wright; *Canavera-ptab; Daniel.Kiang; *riedinger-ptab; *villarreal-ptab; *nguyen-ptab; *kurtis-ptab; Ancora
`- IPR; Nicholas Peters; PTAB Account; Lestin Kenton; Dohm Chankong; irfan.lateef@knobbe.com; Ruthenberg,
`Kirk R.; Greenleaf, Kevin R.; Karen J. Wang
`RE: IPR2021-01338, IPR2021-01406, Reexamination No. 90/014,865
`Friday, March 25, 2022 6:51:59 AM
`image002.png
`
`Counsel,
`
`
`(1) The parties to the identified IPR proceedings are authorized to file, within 5 business days, a joint
`motion for consolidating the IPR proceedings.
`
`(2) Patent Owner is authorized to file, within 5 business days in either IPR proceeding, a motion to
`stay the identified reexamination. No opposition is authorized at this time because the parties’ email
`below indicates that the Requestor will not oppose the motion.
`(3) Patent Owner may file concurrently with its Response a motion to seal that contains a proposed
`protective order, such as the default protective order set forth in the Office Patent Trial Practice Guide.
`See 37 C.F.R. 42.54 and Argentum Pharmaceuticals LLC v. Alcon Research, Ltd., IPR2017 01053, Paper
`27 (PTAB Jan. 19, 2018) (informative).
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`(571)272-7822
`
`
`
`From: David Gosse <DGosse@fitcheven.com>
`Sent: Thursday, March 24, 2022 3:15 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Jon Wright <JWRIGHT@sternekessler.com>; *Canavera-ptab <Canavera-
`ptab@perkinscoie.com>; Daniel.Kiang <Daniel.Kiang@knobbe.com>; *riedinger-ptab <riedinger-
`ptab@perkinscoie.com>; *villarreal-ptab <villarreal-ptab@perkinscoie.com>; *nguyen-ptab
`<nguyen-ptab@perkinscoie.com>; *kurtis-ptab <kurtis-ptab@perkinscoie.com>; Ancora - IPR
`<Ancora-IPR@fitcheven.com>; Nicholas Peters <ntpete@fitcheven.com>; PTAB Account
`<PTAB@sternekessler.com>; Lestin Kenton <LKENTON@sternekessler.com>; Dohm Chankong
`<DCHANKONG@sternekessler.com>; irfan.lateef@knobbe.com; Ruthenberg, Kirk R.
`<kirk.ruthenberg@dentons.com>; Greenleaf, Kevin R. <kevin.greenleaf@dentons.com>; Karen J.
`Wang <KWang@fitcheven.com>
`Subject: IPR2021-01338, IPR2021-01406, Reexamination No. 90/014,865
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Honorable Board,
`
`Page 1
`
`IPR2021-01338
`ANCORA EX2028
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`

`
`The parties write to address three procedural issues in the above-referenced cases. This email is
`made on behalf of the patent owner (Ancora) in these proceedings, the petitioners in both
`proceedings (Nintendo and Roku/VIZIO), as well as the third party requester in ex parte
`Reexamination 90/014,865.
`
`First, the parties believe that consolidation of some activities in IPR2021-01338 and IPR2021-01406
`is appropriate, and the parties request permission to file a joint motion in that regard. The parties
`intend to move for consolidation of expert depositions, the oral hearing (if it occurs), and alignment
`of the procedural deadlines in the two proceedings. Subject to any additional guidance the Board
`may provide, the parties have tentatively agreed to an aligned schedule that would allow the Board
`to hear oral arguments for both cases on the hearing date from IPR2021-01338.
`
`Second, in accord with 35 U.S.C. s. 315(d) Patent Owner Ancora requests permission to file a motion
`to stay Reexamination 90/014,865, which presents grounds that are substantively identical to those
`in the above-referenced IPR proceedings. The Requestor in the ’865 reexamination will not oppose
`Ancora’s motion.
`
`Third, Patent Owner Ancora intends to move for a protective order so that it may submit certain
`confidential evidence with its Response. The parties are negotiating a proposed protective order.
`
`The parties do not believe that a teleconference is necessary for this request, but the parties are
`available to discuss at the Board’s convenience if it is desired.
`
`Best regards,
`
`Dave
`
`David A. Gosse | Partner
`
`FITCH EVEN
`Fitch, Even, Tabin & Flannery LLP
`120 South LaSalle Street, Suite 2100 | Chicago, Illinois 60603
`P 312.577.7000 | F 312.577.7007
`dgosse@fitcheven.com | www.fitcheven.com
`
`
`
`This email message, as well as any attachments, contains information from the law firm of Fitch, Even, Tabin & Flannery LLP that may be
`confidential and/or legally privileged. These documents are intended only for the personal and confidential use of the addressee
`identified above. If you are not the intended recipient or an agent responsible for delivering these documents to the intended recipient,
`you are hereby notified that any review, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this
`transmitted information is strictly prohibited. If you have received this email in error, please immediately notify the firm at 312-577-7000
`and delete or destroy all electronic or hard copies of the message and any attachments. Thank you.
`
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`IPR2021-01338
`ANCORA EX2028
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`Page 3
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`IPR2021-01338
`ANCORA EX2028
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