`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Kurcz, Jennifer M.
`Precedential_Opinion_Panel_Request
`Herman, K. Patrick; P52PTABDocket; TVPPTABDocket; IGT – ZYNGA; Carson, Charles C.; Goettle, Daniel;
`Sigmond, Leif; Lesovitz, Jeffrey
`IPR2022-00199: Patent Owner Request for Precedential Opinion Panel Review of Institution Decision (Paper 11)
`Tuesday, June 28, 2022 4:28:50 PM
`image001.png
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`[FILED] PTAB-IPR2022-00199-PO Rehearing.pdf
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
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`
`To the Honorable Precedential Opinion Panel,
`
`Based on my professional judgment, I believe the Board panel decision is contrary to
`the following regulations: 37 C.F.R. § 42.5(b) and 37 C.F.R. § 41.127(a)(1).
`
`The decision exceeds the Board’s authority under 37 C.F.R. § 42.5(b) because the Board
`applied this regulation to waive a substantive matter as opposed to a procedural one,
`and did so retroactively. Specifically, the panel decision holds that it may rely on
`waiver set forth in 37 C.F.R. § 42.5(b) to set aside interference estoppel, thereby
`vitiating 37 C.F.R. § 41.127(a)(1). Therefore, based on my professional judgment, I also
`believe this case requires an answer to one or more precedent-setting questions of
`exceptional importance:
`
`May the Board retroactively waive the scope and effect of a final judgment
`resulting from a prior interference proceeding?
`
`Accordingly, Patent Owner respectfully requests Precedential Opinion Panel Review of
`the Board’s June 14, 2022 Institution Decision. Paper 11, IPR2022-00199. Patent
`Owner has attached PATENT OWNER’S REQUESTS FOR REHEARING PURSUANT
`TO 37 C.F.R. § 42.71(d) AND PRECEDENTIAL OPINION PANEL REVIEW, filed
`earlier today.
`
`Respectfully,
`Jennifer M. Kurcz
`Counsel for Patent Owner
`
`cc: Counsel for Petitioner
`
`Jennifer M. Kurcz
`Partner
`
`One North Wacker Drive | Suite 4500
`Chicago, IL 60606-2841
`T +1.312.416.6282
`
`IPR2022-00199
`Ex. 3002.
`
`
`
`jkurcz@bakerlaw.com
`bakerlaw.com
`
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