`Scott W. Hejny; Trials
`Nicholas Mathews; Melissa Kalka; Adam Seitz; Jennifer Bailey; Paul Hart; PTAB@eriseip.com
`RE: Apple v. Ericsson, IPR2022-00457; Motion to Excuse Late Action
`Thursday, July 7, 2022 4:11:42 PM
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`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`Patent Owner’s request to extend the due date to July 2, 2022 for the filing of the Patent Owner
`Preliminary Response is granted.
`
`Thank you,
`
`Megan Carlson
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`(571) 272-1650
`Megan.Carlson@uspto.gov
`
`From: Scott W. Hejny <shejny@McKoolSmith.com>
`Sent: Thursday, July 7, 2022 2:09 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Nicholas Mathews <nmathews@McKoolSmith.com>; Melissa Kalka
`<mkalka@McKoolSmith.com>; Adam Seitz <adam.seitz@eriseip.com>; Jennifer Bailey
`<Jennifer.Bailey@eriseip.com>; Paul Hart <Paul.Hart@eriseip.com>; PTAB@eriseip.com
`Subject: Apple v. Ericsson, IPR2022-00457; Motion to Excuse Late Action
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Board,
`
`Patent Owner’s Preliminary Response (“POPR”) was due on Thursday, June 30, 2022, but was
`belatedly filed on Saturday, July 2, 2022. The later filing came about because the POPR was
`incorrectly docketed for Friday, July 1, 2022 in Patent Owner’s attorneys’ calendar. The party
`responsible for docketing was new to the process and incorrectly docketed the response date 90
`days calculated from the day after receipt of the Notice of Filing Date Accorded. The filing was
`further delayed by an additional day when the responsible attorney incorrectly believed that the
`POPR had been filed on July 1, 2022. The firm’s office was closed for the observance of the July 4
`holiday weekend, and Patent Owner’s attorneys took action as quickly as possible on Saturday
`morning, July 2nd, to remedy the filing of the POPR.
`
`Patent Owner respectfully requests that the Board extend the date on which the Patent Owner can
`submit the POPR to Saturday, July 2, 2022, the date on which the POPR was filed and served on
`opposing counsel, even though it was submitted two days after the correct deadline.
`
`IPR2022-00457
`Ex. 3001
`
`
`
`Patent Owner conferred with Petitioner on this matter Tuesday and Wednesday, and Petitioner
`indicated that “Apple does not take any position at this point on Ericsson’s request to the PTAB to
`excuse the late filing.”
`
`If the Board would like to schedule a telephone conference to discuss this matter, Patent Owner will
`coordinate with Petitioner’s representatives to identify dates and times in the next week for the
`Board’s consideration.
`
`If the Board is not inclined to agree to Patent Owner’s request as presented in this email, Patent
`Owner asks that it be allowed to address this request in a motion not to exceed five pages so that
`Patent Owner can more thoroughly outline the factual circumstances surrounding this delay and
`related Board decisions dealing with similar requests from other patent owners.
`
`Very truly yours,
`Scott Hejny
`
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`