From:
`To:
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`Douglas, Christopher
`Director_PTABDecision_Review
`UberLBTIPR@omm.com; chogan@omm.com; tfink@omm.com; Haber, Ben; Howell, Matthew; Patel, Shaleen;
`O"Connor, Dan
`IPR2022-00880 - Petitioner"s Request for Rehearing by the Director
`Friday, January 5, 2024 3:15:27 PM
`IPR2022-00880 - 855 Request for Director Review (FINAL).pdf
`
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`Dear Director Vidal,
`
`Patent Owner LBT IP II LLC respectfully notifies the parties and the USPTO of its filing of the attached
`Request for Rehearing by the Director of the Institution and Final Written Decisions by the Board
`(Paper 29) in IPR2022-00880 ("Request" Paper 30), filed pursuant to 37 C.F.R. § 42.71(d) and the
`Revised Interim Director Review Process adopted on July 24, 2023.
`
`The Request presents one important issue of law and policy for which Petitioner seeks review:
`whether the Board abused its discretion when it instituted and found the challenged claims
`unpatentable based on an invalidity theory the Board newly devised at institution, as opposed to the
`theory that Petitioner had advanced in its Petition.
`
`As a brief explanation of the issues, Petitioner originally advanced invalidity theories in the petition
`(e.g., that a claimed tracking device must receive four signals), that the Board later departed from
`when it devised its own invalidity theory at institution (e.g., four signals do not need to be received).
`The Board permitted Petitioner to switch theories, and ultimately found the challenged claims were
`unpatentable based on the Board’s newly devised theory. Patent Owner respectfully submits that
`error exceeded the Board’s statutory authority, and accordingly requests Director Review to address
`this issue.
`
`Respectfully submitted,
`
`Christopher Douglas
`
`Christopher TL Douglas
`Partner
`ALSTON & BIRD
`Vantage South End
`1120 S. Tryon St., Suite 300
`Charlotte, NC 28203
`+1 704 444 1119 (O)
`christopher.douglas@alston.com
`
`IPR2022-00880
`Ex. 3100
`
`

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