`To:
`Cc:
`
`Subject:
`Date:
`
`Jarratt, Scott
`Trials
`Brett Cooper; rak_scramoge@raklaw.com; Reza Mirzaie; Andy Ehmke IPR; Calmann Clements IPR; Scott Jarratt
`IPR
`IPR2022-00350 and -00351
`Monday, May 16, 2022 2:59:06 PM
`
`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,
`
`Pursuant to 37 CFR 42.108(c), Petitioner Apple Inc. requests leave to file a Preliminary Reply to
`Patent Owner’s Preliminary Response in each of IPR2022-00350 and -00351 to address intervening
`facts related to the Fintiv factors.
`
`Specifically, developments impacting the Fintiv factors have occurred in the district court litigation
`since the Petitions were filed. For example, as noted by Patent Owner in its Preliminary Responses,
`the parties have now completed claim construction briefing. Good cause therefore exists to grant a
`reply under 37 C.F.R. § 42.108(c) so that Petitioner can address the impact of these new
`developments and also the impact of the trial date, which the court “expects to set” at the Markman
`hearing on May 23. See Ex.1015, 3, 4. As such, if replies are granted, Petitioner respectfully requests
`a due date after May 23.
`
`Petitioner requests authorization for a five-page reply in each proceeding. Petitioner does not
`oppose granting Patent Owner sur-replies of the same length.
`
`Petitioner and Patent Owner have conferred. Patent Owner opposes Petitioner’s request.
`
`Petitioner does not believe that a conference call with the Board is necessary, and Patent
`Owner takes no position on the necessity of a call. The parties are available at these times if the
`Board should choose to schedule a conference call: Thursday, 5/19 (10am ET to 5pm ET ) and Friday
`5/20 (10am ET to 5pm ET).
`
`Best regards,
`Scott Jarratt
`Counsel for Petitioner
`
`Scott Jarratt
`Partner
`scott.jarratt@haynesboone.com
`
`Haynes and Boone, LLP
`6000 Headquarters Dr.
`Suite 200
`
`IPR2022-00350, -00351
`Ex. 3001
`
`
`
`Plano, TX 75024
`
`(t) +1 972.739.8663
`(f) +1 972.692.9164
`
`vCard | Bio | Website
`
`CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
`may be privileged and should be read or retained only by the intended
`recipient. If you have received this transmission in error, please
`immediately notify the sender and delete it from your system.
`
`
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