`UNIFIED PATENTS, LLC v. MEMORY WEB, LLC
`IPR2021-01413
`Page 1 of 2
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`
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`12/27/21, 10:38 PM
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`Unified Patents Mail - IPR2021-01413 - Petitioner's Request for Authorization to File Reply to Preliminary Response
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`With respect to Patent Owner's discretionary denial arguments, Petitioner could not have anticipated that: (1) Patent
`Owner would argue for denial based on General Plastic and other inefficiency theories because the Petition in this
`proceeding was the first challenge filed against the subject ’228 Patent (Petition, 1-2); (2) Patent Owner would argue for
`denial under 325(d) where the asserted references were not cited or applied (alone or in combination) during prosecution
`of the '228 patent or its family members, and differ from references cited or applied (Petition, 3; POPR, 34-35); and (3)
`Patent Owner raises facts and circumstances that did not exist at the time Petitioner filed its Petition (e.g., arguments
`regarding Apple and Samsung's IPR petitions challenging the '228 patent, filed after Petitioner's challenge; see, e.g.,
`POPR, 1, 24, 31, 32, 33).
`
`To the extent the Board would find additional briefing on these issues helpful, Petitioner respectfully requests authorization
`to file a ten page reply to address these issues, due one week from the Board's authorization. Petitioner consents to
`Patent Owner being permitted a sur-reply of seven pages to respond, due one week after Petitioner's due date.
`
`
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`Petitioner and Patent Owner have conferred. Based on the parties' agreement to this briefing arrangement, Patent Owner
`does not oppose Petitioner's request.
`
`The parties are available for a conference call with the panel on December 23, 27, and 28 between 11:00 AM - 3:00 PM
`ET on each day.
`
`Best,
`
`
`
`Ellyar Y. Barazesh
`
`Lead Counsel for Petitioner Unified Patents
`
`
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`Ellyar Y. Barazesh
`
`Senior Patent Counsel | Unified Patents®
`
`+1.925.434.8754
`
`ellyar@unifiedpatents.com
`
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`
`https://mail.google.com/mail/u/0/?ik=b0f3ca455b&view=pt&search=all&permmsgid=msg-f%3A1719963816948541952&dsqt=1&simpl=msg-f%3A1719963816948… 2/2
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`UNIFIED PATENTS EXHIBIT 1020
`UNIFIED PATENTS, LLC v. MEMORY WEB, LLC
`IPR2021-01413
`Page 2 of 2
`
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