`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Lee, Pan C. <plee@axinn.com>
`Thursday, September 15, 2022 9:59 PM
`Joel Glazer; Alex Chan; Timothy Devlin; oceansemi-dlf; Henrik Parker; Peter Mazur; Joseph Zito
`applied-ocean
`RE: IPR2021-01339, -1340, -1342, -1344 Motions to Strike
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Completed
`
`Joel,
`
`It is unclear what additional information you are requesting beyond Petitioner identifying the specific citations
`from each Sur-Reply that contain new arguments that were not raised in Ocean’s PORs and/or responsive to
`arguments raised in Petitioner’s Replies. What is clear is that Ocean is not consenting to Petitioner’s motion to
`strike those portions and that Ocean is declining to even meet and confer to provide your positions unless
`Petitioner, instead of Ocean, provides the responsive citations we requested from Ocean, which we are unable
`to do since we do not believe there are any. The Board cautioned in its August 24, 2022 order in the IPRs that
`under 37 C.F.R. § 42.23(b), a sur-reply “may only respond to arguments raised in the corresponding
`reply.” See also CPTG at 74 (“‘Respond,’ in the context of 37 C.F.R. § 42.23(b), does not mean proceed in a
`new direction with a new approach as compared to the positions taken in a prior filing”).
`
`
`While tomorrow’s deadline is described as “generally,” not “always” applicable, Petitioner would prefer to
`continue to stay within the deadlines and guidelines set forth in the scheduling orders and CTPG. Accordingly,
`we will notify the Board tomorrow morning that Ocean does not consent to our request. If our understanding of
`Ocean’s opposition is incorrect, please let us know.
`
`
`Regards,
`
`
`
`Pan C. Lee
`Counsel
`
`
`
`Axinn, Veltrop & Harkrider LLP
`560 Mission Street
`San Francisco, CA 94105
`Office 415.490.1488
`Fax 415.490.2001
`plee@axinn.com
`Axinn.com
`
`
`
`
`
`
`
`1
`
`IPR2021-1342
`PATENT OWNER EX, 2046
`
`
`
`From: Joel Glazer <jglazer@devlinlawfirm.com>
`Sent: Thursday, September 15, 2022 12:56 PM
`To: Lee, Pan C. <plee@axinn.com>; Alex Chan <achan@devlinlawfirm.com>; Timothy Devlin
`<tdevlin@devlinlawfirm.com>; oceansemi‐dlf <oceansemi‐dlf@devlinlawfirm.com>; Henrik Parker
`<hparker@devlinlawfirm.com>; Peter Mazur <PMazur@devlinlawfirm.com>; Joseph Zito <jzito@devlinlawfirm.com>
`Cc: applied‐ocean <applied‐ocean@axinn.com>
`Subject: RE: IPR2021‐01339, ‐1340, ‐1342, ‐1344 Motions to Strike
`
`
`
`Caution: External Email
`
`Pan,
`
`
`Applied Materials has offered no information as to why it believes each of the citations below raises new
`arguments. Without this information, Ocean is unable to meet and confer with Applied Materials, in good faith, to
`determine whether there are merits to Applied Materials’ proposed motions.
`
`In order for Ocean to provide a position with which Applied Materials may approach the Board, please provide some
`information for each citation. For example, please explain how Ocean’s quotation to Dr. Shanfield’s declaration at the
`end of page 1, and Ocean’s discussion directly addressing this quotation, raises a new issue. As another example, please
`explain how Ocean’s discussion of Figure 4, which was discussed in the Petition, Patent Owner’s Response, and
`Petitioner’s Reply, raises a new issue. Once Applied Materials has provided this information, Ocean will be able to
`provide its position on each of Applied Materials’ motions. Until then, Ocean is unable to meet and confer with Applied
`Materials on this issue, and your request to approach the Board is therefore premature.
`
`
`Thank you,
`Joel
`
`
`
`
`
`
`From: Lee, Pan C. <plee@axinn.com>
`Sent: Thursday, September 15, 2022 3:06 PM
`To: Joel Glazer <jglazer@devlinlawfirm.com>; Alex Chan <achan@devlinlawfirm.com>; Timothy Devlin
`<tdevlin@devlinlawfirm.com>; oceansemi‐dlf <oceansemi‐dlf@devlinlawfirm.com>; Henrik Parker
`<hparker@devlinlawfirm.com>; Peter Mazur <PMazur@devlinlawfirm.com>; Joseph Zito <jzito@devlinlawfirm.com>
`Cc: applied‐ocean <applied‐ocean@axinn.com>
`Subject: IPR2021‐01339, ‐1340, ‐1342, ‐1344 Motions to Strike
`
`
`Dear Counsel,
`On Friday, September 16, 2022, Petitioner Applied Materials plans to request the Board for authorization to file motions
`to strike the following portions of Ocean’s sur‐replies, or in the alternative for further merits briefing to address the
`newly‐raised arguments. Please let us know your position so that we may inform the Board.
`
`IPR2021‐1339
`Paper 35 at page 1, line 6 (“improperly … failures”).
`Paper 35 at page 1, line 20 through page 2, line 4.
`Paper 35 at page 3, lines 11‐12 (“Figure … all,”).
`
`2
`
`IPR2021-1342
`PATENT OWNER EX, 2046
`
`
`
`Paper 35 at page 3, lines 13‐15.
`Paper 35 at page 3, lines 18‐20.
`Paper 35 at page 7, lines 2‐8.
`Paper 35 at page 11, line 12 through page 12, line 10.
`
`IPR2021‐1340
`Paper 33 at page 1, lines 8‐9 (“as … witness,”).
`Paper 33 at page 3, lines 10‐13.
`Paper 33 at page 3, lines 15‐16 (“fault … 10),”).
`Paper 33 at page 3, lines 17‐19.
`Paper 33 at page 4, lines 2‐5.
`Paper 33 at page 4, lines 5‐11.
`Paper 33 at page 4, lines 11‐19.
`Paper 33 at page 5, lines 7‐9.
`Paper 33 at page 5, lines 14‐19.
`Paper 33 at page 6, lines 3‐4.
`Paper 33 at page 7, lines 9‐11.
`Paper 33 at page 7, lines 14‐19.
`Paper 33 at page 8, lines 9‐22.
`Paper 33 at page 9, lines 12‐16.
`Paper 33 at page 10, lines 5‐8.
`Paper 33 at page 14, line 15 through page 15, line 7.
`Paper 33 at page 16, lines 9‐17.
`
`IPR2021‐1342
`Paper 38 at page 2, lines 12‐13.
`Paper 38 at page 6, lines 10‐13.
`Paper 38 at page 12, lines 4‐6 (“the possibility … be prohibited”)
`Paper 38 at page 16, lines 15‐16 (“additional … process flow”)
`
`IPR2021‐1344
`Paper 38 at page 2, lines 14‐16 (“Moreover … Patent Owner”).
`Paper 38 at page 6, line 15 through page 7, line 2.
`Paper 38 at page 12, line 20 through page 13, line 2 (“the possibility … be prohibited”)
`Paper 38 at page 17, lines 10‐11 (“additional … process flow”)
`
`
`To the extent you are able to provide corresponding citations to support your contention that the sur‐replies comply
`with 37 C.F.R. § 42.23, we will consider that information in determining whether to include those portions in our request
`to the Board. We look forward to your response.
`
`
`Regards,
`
`
`
`Pan C. Lee
`Counsel
`
`
`
`Axinn, Veltrop & Harkrider LLP
`560 Mission Street
`San Francisco, CA 94105
`Office 415.490.1488
`
`3
`
`IPR2021-1342
`PATENT OWNER EX, 2046
`
`
`
`Fax 415.490.2001
`plee@axinn.com
`Axinn.com
`
`
`
`
`
`
`
`
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`4
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`IPR2021-1342
`PATENT OWNER EX, 2046
`
`