From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Kushan, Jeffrey P.
`Trials
`"Werber, Matthew"; Hayes, Jennifer; Schwartz, Daniel; Fougere, Josh; Mahoney, Matthew; Reid, Christine;
`Christopher, Angelo
`IPR2022-00031 - Adjustment of Schedule
`Friday, August 18, 2023 6:08:37 PM
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`Your Honors,
`
`The parties have conferred and jointly request that the Board adjust the schedule set by its order of
`August 11, 2023, including the date of the oral hearing.
`
`The need to alter the schedule is prompted by two issues.
`
`First, lead counsel for Apple is presently briefing a preliminary injunction motion for another client in
`the District of New Jersey. The court in that case set a briefing schedule that requires lead counsel
`for Apple to take depositions and prepare briefs during the period October 1 to October 15, in
`anticipation of a multi-day hearing starting October 30. The court set that schedule before the
`Board issued its order in this proceeding. It is not feasible for counsel to prepare for and conduct
`the oral hearing in this case on October 13 in view of those competing obligations. MemoryWeb
`does not oppose adjustment of the oral hearing date, provided it is not extended beyond October
`19. Counsel for MemoryWeb has a conflict beginning October 24 in relation to a trial beginning the
`first week of November in the Eastern District of Texas.
`
`Second, the parties anticipate that confidential materials will be produced by Apple and a third party
`(Unified Patents. A protective order will be required to be entered in this proceeding before any of
`those confidential materials are filed as exhibits in this proceeding. The parties anticipate that a
`motion for entry of a protective order will be filed today.
`
`Counsel have consulted and jointly submit the following proposed revised schedule for the
`proceedings that would navigate the scheduling conflicts the Board’s present schedule causes.
`
`Due Date 3: August 21 (unchanged)
`Due Date 4: Aug. 31 --> September 7, 2023
`Due Date 5: Sept. 14 --> September 21, 2023
`Due Date 6: Sept. 28 --> October 5, 2023
`Due Date 7: Oct. 6 --> October 11, 2023
`Due Date 8: Oct. 13 --> October 18 or 19.
`
`If the Board wishes to conduct a conference with the parties regarding this request, please advise
`the parties and we will work together to provide times for a call.
`
`
`

`

`Sincerely,
`
`
`Jeff Kushan
`JEFFREY P. KUSHAN
`
`SIDLEY AUSTIN LLP
`1501 K Street, N.W.
`Washington, DC 20005
`+1 202 736 8914
`jkushan@sidley.com
`www.sidley.com
`
`
`
`
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