`Jarratt, Scott; Trials
`Calmann Clements IPR; Andy Ehmke IPR; Scott Jarratt IPR; Brett Cooper; John Petrsoric; Scramoge Counsel;
`ehuang@lgtrademark.com; ap@lombardip.com
`RE: IPR2022-00350
`Tuesday, March 14, 2023 8:32:08 AM
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Counsel,
`
`From the Board –
`
`Petitioner’s motion to strike is authorized. Petitioner may file its motion of no more than 5 pages by
`March 28, 2023. Patent Owner may file an opposition of no more than 5 pages by April 18, 2023.
`No reply is authorized at this time.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`(571) 272-7822
`
`From: Jarratt, Scott <Scott.Jarratt@haynesboone.com>
`Sent: Friday, March 10, 2023 7:11 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Calmann Clements IPR <Calmann.Clements.ipr@haynesboone.com>; Andy Ehmke IPR
`<andy.ehmke.ipr@haynesboone.com>; Scott Jarratt IPR <Scott.Jarratt.IPR@haynesboone.com>;
`Brett Cooper <bcooper@bc-lawgroup.com>; John Petrsoric <jpetrsoric@bc-lawgroup.com>;
`Scramoge Counsel <Scramoge_Counsel@b-clg.com>; ehuang@lgtrademark.com;
`ap@lombardip.com
`Subject: IPR2022-00350
`
`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,
`
`In IPR2022-00350, Patent Owner filed a Sur-Reply (Paper 24) along with new supporting exhibits
`Ex.2017 and Ex.2018. These new exhibits are improper under 37 C.F.R. § 42.23(b) because neither is
`a deposition transcript of a cross-examination of a reply witness. Ex.2018 is an issued U.S. patent and
`Ex.2017 is a deposition transcript of a cross-examination of Petitioner’s expert taken prior to Patent
`Owner’s Response regarding his declaration filed with the petition (Ex.1003). Petitioner respectfully
`requests authorization to file a motion to strike new exhibits Ex.2017 and Ex.2018.
`
`The parties have conferred and Patent Owner opposes this request.
`
`IPR2022-00350
`Ex. 3002
`
`
`
`
`Thank you,
`Scott Jarratt
`Counsel for Petitioner
`
`
`
`Scott Jarratt
`Partner
`scott.jarratt@haynesboone.com
`
`Haynes and Boone, LLP
`6000 Headquarters Dr.
`Suite 200
`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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