`U.S. Patent No. 8,688,028
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`MAZDA MOTOR OF AMERICA, INC.,
`SUBARU OF AMERICA, INC.,
`VOLVO CAR USA, LLC,
`Petitioners
`
`v.
`
`STRATOSAUDIO, INC.,
`Patent Owner
`________________________
`
`IPR2022-00204
`U.S. Patent No. 8,688,028
`________________________
`
`
`
`
`
`STRATOSAUDIO, INC.’S WAIVER OF PATENT OWNER
`PRELIMINARY RESPONSE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2022-00204
`U.S. Patent No. 8,688,028
`
`
`Given the Board’s institution of a related proceeding IPR2021-00716
`
`brought by Volkswagen Group of America, Inc. (the “00716 IPR”), and based on
`
`the representations by petitioners Mazda Motor of America, Inc., Subaru of
`
`America, Inc., and Volvo Car USA, LLC (collectively, “Petitioners”) in the
`
`Motion for Joinder (Paper 5) that (1) the petition is substantively identical to the
`
`00716 IPR petition and does not add to, or change, any of the substantive
`
`arguments, (2) Petitioners will adhere to all applicable deadlines in the 00716 IPR,
`
`submit consolidated filings with Volkswagen, refrain from requesting any
`
`additional depositions or deposition time, and refrain from requesting additional
`
`oral hearing time, (3) Petitioners assume an understudy role while Volkswagen is
`
`in the proceedings, and (4) “[a]bsent a Board order precluding Volkswagen from
`
`making arguments that would otherwise be available to Petitioner, Petitioner will
`
`not advance any arguments separate from those advanced by Volkswagen in the
`
`consolidated filings,” Patent Owner hereby waives its Patent Owner Preliminary
`
`Response pursuant to 37 CFR § 42.107(b) and does not oppose Petitioner’s Motion
`
`for Joinder. Patent Owner maintains that the petitions do not show that the patent
`
`is invalid, for the reasons provided in Patent Owner’s filings in the 00716 IPR.
`
`Patent Owner expressly reserves the right to maintain any and all arguments it
`
`raised in the 00716 IPR in the consolidated proceeding.
`
`
`
`- 1 -
`
`
`
`Dated: March 14, 2022
`
`Respectfully submitted,
`
`IPR2022-00204
`U.S. Patent No. 8,688,028
`
`
`/John Scheibeler/ (Electronically Signed)
`John Scheibeler
`Reg. No. 35,346
`
`WHITE & CASE LLP
`
`John Scheibeler, Reg. No. 35,346
`White & Case LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Phone: 212-819-8200
`
`Jonathan Lamberson, Reg. No. 57,352
`Back-Up Counsel
`White & Case LLP
`2 Palo Alto Square, Suite 900
`3000 El Camino Real
`Palo Alto, California 94306-2109
`Phone: 650-213-0384
`
`Ashley T. Brzezinski, Reg. No. 68,651
`Back-Up Counsel
`White & Case LLP
`75 State Street
`Boston, MA 02109
`Phone: 617-979-9344
`
`Hallie Kiernan (pro hac vice pending)
`White & Case LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Phone: 212-819-8200
`
`
`
`
`
`
`
`- 2 -
`
`
`
`IPR2022-00204
`U.S. Patent No. 8,688,028
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent Owner’s
`
`Waiver Of Patent Owner Preliminary Response pursuant to 37 CFR § 42.107(b)
`
`was served on March 14, 2022, by filing this document through the PTAB E2E
`
`System, as well as delivering a copy via electronic mail upon the following
`
`attorneys of record for Petitioners:
`
`Matthew D. Satchwell (Reg. No. 58,870)
`Paul R. Steadman (Reg. No. 43,932)
`DLA Piper LLP (US)
`444 West Lake Street, Suite 900
`Chicago, Illinois 60606
`(312) 368-2111
`matthew.satchwell@dlapiper.com
`paul.steadman@dlapiper.com
`DLA-StratosAudio@us.dlapiper.com
`
`Lewis E. Hudnell, III (Reg. No. 51,185)
`Nicolas S. Gikkas (Reg. No. 46,245)
`Hudnell Law Group P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`(650) 564-7720
`lewis@hudnelllaw.com
`nick@hudnelllaw.com
`
`Respectfully submitted,
`
`
`
`/John Scheibeler/ (Electronically signed)
`John Scheibeler
`Reg. No. 35,346
`
`
`
`
`- 3 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
