`
`Unified Patents Mail - IPR2021-01413 - Petitioner's requests regarding motion to strike and sur-sur reply
`
`Ellyar Barazesh <ellyar@unifiedpatents.com>
`
`IPR2021-01413 - Petitioner's requests regarding motion to strike and sur-sur reply
`
`Trials <Trials@uspto.gov>
`To: Ellyar Barazesh <ellyar@unifiedpatents.com>, Trials <Trials@uspto.gov>, Michelle Aspen
`<michelle@unifiedpatents.com>, "Hayes, Jennifer" <jenhayes@nixonpeabody.com>, "Werber, Matthew"
`<mwerber@nixonpeabody.com>, "Dandalides, George" <gdandalides@nixonpeabody.com>
`
`Thu, Oct 27, 2022 at 10:02 AM
`
`Counsel,
`
`
`
`Upon consideration of Petitioner’s email request to the Board dated October 17, 2022, the Board finds that good cause
`exists and grants Petitioner’s request for authorization to file a 5 page Sur-sur reply limited to addressing the substance of
`the issues raised in Patent Owner's sur-reply, Paper 35, at page 7, lines 9-11 and footnote 2, concerning Dr. Bederson’s
`deposition testimony about Exhibits 2041-2045. Petitioner’s Sur-sur Reply shall be filed by November 4, 2022.
`
`
`
`Thank you,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`
`
`
`
`
`From: Ellyar Barazesh <ellyar@unifiedpatents.com>
`Sent: Monday, October 17, 2022 3:43 PM
`To: Trials <Trials@USPTO.GOV>; Michelle Aspen <michelle@unifiedpatents.com>; Hayes, Jennifer
`<jenhayes@nixonpeabody.com>; Werber, Matthew <mwerber@nixonpeabody.com>; Dandalides, George
`<gdandalides@nixonpeabody.com>
`Subject: IPR2021-01413 - Petitioner's requests regarding motion to strike and sur-sur reply
`
`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,
`
`
`
`Petitioner Unified Patents, LLC respectfully requests authorization from the Board to file a motion to strike Exhibits 2041-
`2045 and portions (identified below) of the Patent Owner's sur-reply (Paper 35), filed October 11, 2022 in the above-
`referenced proceeding. Alternatively, Petitioner respectfully requests authorization to file a 5 page sur-sur reply, without
`evidence, addressing the substance of the below-noted issues of Patent Owner's sur-reply. Petitioner's requests are timely,
`within one week of when Patent Owner filed its sur-reply. Trial Practice Guide, 80-81.
`
`https://mail.google.com/mail/u/0/?ik=b0f3ca455b&view=pt&search=all&permmsgid=msg-f%3A1747853445378616264&dsqt=1&simpl=msg-f%3A1747853445378… 1/2
`
`UNIFIED PATENTS EXHIBIT 1040
`UNIFIED PATENTS, LLC v. MEMORY WEB, LLC
`IPR2021-01413
`Page 1 of 2
`
`
`
`10/27/22, 10:51 AM
`
`
`Unified Patents Mail - IPR2021-01413 - Petitioner's requests regarding motion to strike and sur-sur reply
`
`Good cause exists for granting either of Petitioner's requests. First, Exhibits 2041-2045, introduced during
`the second deposition of Dr. Bederson (Petitioner's expert), were filed by Patent Owner with the sur-reply, contravening
`37 C.F.R. 42.23(b). Second, the portions of the sur-reply, identified below, rely on Dr. Bederson's deposition
`testimony regarding one or more of Exhibits 2041-2045, where he was not familiar with these exhibits and they do not
`provide context for his testimony:
`· Page 7, lines 9-11
`· Page 7, footnote 2
`
`Absent striking exhibits 2041-2045 and the above-identified portions of the sur-reply, or having the ability to respond via
`a sur-sur reply, Petitioner would be prejudiced. Petitioner intends to separately object to Exhibits 2041-2045 and file a
`motion to exclude these exhibits.
`
`
`
`Petitioner and Patent Owner have conferred. Patent Owner does not oppose Petitioner's requests for authorization to file
`the motion to strike or the sur-sur reply, but has indicated that it will oppose the motion or the sur-sur reply itself.
`
`
`
`If the Board feels a conference call is necessary, Petitioner and Patent Owner are available on the following days (all times
`Eastern):
`
`· Wednesday 10/19: 12:00 PM - 1:00 PM, 4:00 PM - 5:00 PM
`· Thursday 10/20: 12:00 PM - 5:00 PM
`· Monday 10/24: 1:30 PM - 5:00 PM
`· Tuesday 10/25: 12:00 PM - 5:00 PM
`· Wednesday 10/26: 12:00 PM - 3:30 PM
`
`Thank you,
`
`Ellyar Y. Barazesh
`
`Counsel for Petitioner Unified Patents, LLC
`
`
`
`Ellyar Y. Barazesh
`
`Senior Patent Counsel | Unified Patents®
`
`+1.925.434.8754
`
`ellyar@unifiedpatents.com
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged,
`confidential, proprietary, personal, or otherwise exempt from disclosure under applicable law. Note that Unified does not have an
`attorney-client relationship with its members. If you believe you have received this message in error, please advise the sender by
`return e-mail and delete it from your mailbox. Thank you.
`
`https://mail.google.com/mail/u/0/?ik=b0f3ca455b&view=pt&search=all&permmsgid=msg-f%3A1747853445378616264&dsqt=1&simpl=msg-f%3A1747853445378… 2/2
`
`UNIFIED PATENTS EXHIBIT 1040
`UNIFIED PATENTS, LLC v. MEMORY WEB, LLC
`IPR2021-01413
`Page 2 of 2
`
`
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