`Elizabeth O"Brien; Vincent Ma; Trials
`Ray Huang; Jason Bartlett; Tom Dunham
`RE: Seek leave to file a brief reply to Patent Owner"s Preliminary Responses in IPR2022-00915 and IPR2022-
`00916
`Friday, August 19, 2022 7:57:25 AM
`
`From:
`To:
`Cc:
`Subject:
`
`Date:
`
`Counsel:
`
`Petitioner’s July 22, 2022, request for leave to file a Preliminary Reply is granted as follows: In each
`of these proceedings, Petitioner may file a seven (7) page Preliminary Reply by August 26, 2022,
`limited to responding to issues raised in Patent Owner’s Preliminary Response concerning 1) Real
`Party in Interest; and 2) Patent Owner’s Fintiv analysis in light of the June 21, 2022, USPTO Director’s
`Memorandum, INTERIM PROCEDURE FOR DISCRETIONARY DENIALS IN AIA POSTGRANT
`PROCEEDINGS WITH PARALLEL DISTRICT COURT LITIGATION.
`
`Patent Owner may file a seven (7) page Preliminary Sur-reply by September 2, 2022, limited to
`responding to the issues raised in Petitioner’s Preliminary Reply.
`
`Thank you,
`
`Megan Carlson
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`From: Elizabeth O'Brien <elizabetho@cherianllp.com>
`Sent: Friday, July 22, 2022 4:24 PM
`To: Vincent Ma <VMa@mkwllp.com>; Trials <Trials@USPTO.GOV>
`Cc: Ray Huang <rhuang@mkwllp.com>; Jason Bartlett <jbartlett@mkwllp.com>; Tom Dunham
`<tomd@cherianllp.com>
`Subject: RE: Seek leave to file a brief reply to Patent Owner's Preliminary Responses in IPR2022-
`00915 and IPR2022-00916
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`May it please the Board,
`
`Because Petitioner’s request came as a complete surprise, Patent Owner respectfully responds that
`Patent Owner opposes the request at least because Petitioner waited 29 days to make the request.
`
`If the Board desires a conference call to discuss the request and/or Petitioner’s conduct regarding
`the request, Patent Owner is available on Monday, 7/25, or another time thereafter that may be
`convenient for the Board.
`
`Thank you,
`
`IPR2022-00915
`Ex. 3001
`
`
`
`Elizabeth O’Brien
`(First Back-Up Counsel for Patent Owner)
`
`
`Elizabeth O’Brien
`Associate
`
`Cherian LLP
`1901 L Street NW, Suite 700
`Washington, DC 20036
`O: (202) 873-1726
`M: (703) 930-0505
`
`
`From: Vincent Ma <VMa@mkwllp.com>
`Sent: Friday, July 22, 2022 2:22 PM
`To: trials@uspto.gov
`Cc: Ray Huang <rhuang@mkwllp.com>; Jason Bartlett <jbartlett@mkwllp.com>; Elizabeth O'Brien
`<elizabetho@cherianllp.com>; Tom Dunham <tomd@cherianllp.com>
`Subject: Seek leave to file a brief reply to Patent Owner's Preliminary Responses in IPR2022-00915
`and IPR2022-00916
`
`Dear Board,
`
`Petitioner Major Data UAB hereby seeks the Board’s leave to file a brief reply to the Patent Owner’s
`Preliminary Response in the following two proceedings: IPR2022-00915 and IPR2022-00916.
`
`In the Patent Owner’s Preliminary Responses, which were filed on June 23, 2022, Patent Owner
`asserts its “concern” about real-party-in-interest issues and refers to related correspondence to
`which Petitioner has already responded. These are new arguments unrelated to the substantive
`issues raised in the petition, and they can be briefly addressed.
`
`In addition, Petitioner would also like to briefly address Patent Owner’’s Fintiv arguments in light of
`Director Vidal’s Memorandum setting out an “Interim Procedure for Discretionary Denials in AIA
`Post-Grant Proceedings with Parallel District Court Litigation”, which was issued on June 21, 2022,
`just two days before the preliminary responses were filed.
`
`The deadline for Petitioner to file the reply is July 25, 2022.
`
`p.s. Counsel for the Patent Owner are copied on this email.
`
`Regards,
`
`Wensheng Ma
`Counsel for Petitioner
`
`
`
`
`Vincent (Wensheng) Ma
`Attorney
`Mauriel Kapouytian Woods LLP
`450 Sansome St. Ste. 1005
`San Francisco, CA 94111
`Office: 415-738-6202
`vma@mkwllp.com| www.mkwllp.com
`Information contained in this e-mail transmission is privileged and confidential. If you are not the intended recipient, do not read, distribute,
`or reproduce this transmission. If you have received this e-mail transmission in error, please advise the sender by reply vma@mkwllp.com,
`and delete the message.
`Thank you very much.
`
`
`
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