`Lisa.Nguyen@AllenOvery.com; Trials
`llehnert@goldbergsegalla.com; msiem@goldbergsegalla.com; kmatuszewski@goldbergsegalla.com;
`weinblatt@swdelaw.com; vyas@swdelaw.com; ctan@goldbergsegalla.com; cmcarni@goldbergsegalla.com;
`AO_ResMed_NYU@AllenOvery.com
`RE: ResMed v. NYU, IPR2022-00989
`Tuesday, September 12, 2023 4:12:59 PM
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Counsel:
`
`The Panel grants Petitioner’s unopposed request in IPR2022-00989 to replace the incorrect version
`of its motion to exclude with the correct version. Specifically, the incorrect version of Petitioner’s
`motion to exclude (Paper 49) will be expunged from IPR2022-00989. Petitioner may file as timely
`the motion to exclude Petitioner previously served on Patent Owner in IPR2022-00989 as a new
`paper, no later than September 14, 2023. A copy of this authorization and the request will be
`entered by the Board as an exhibit in IPR2022-00989.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Lisa.Nguyen@AllenOvery.com <Lisa.Nguyen@AllenOvery.com>
`Sent: Tuesday, September 12, 2023 1:06 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: llehnert@goldbergsegalla.com; msiem@goldbergsegalla.com;
`kmatuszewski@goldbergsegalla.com; weinblatt@swdelaw.com; vyas@swdelaw.com;
`ctan@goldbergsegalla.com; cmcarni@goldbergsegalla.com; AO_ResMed_NYU@AllenOvery.com
`Subject: ResMed v. NYU, IPR2022-00989
`
`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,
`
`For Paper 49 in IPR2022-00989, Petitioner inadvertently filed its motion to exclude evidence for a
`different proceeding. We request permission to replace Paper 49 with the correct motion to exclude for
`this proceeding. Patent Owner has been served with the correct motion and does not oppose the
`replacement.
`
`Please let us know if you have any questions. Thank you.
`
`Lisa Nguyen
`Lead Counsel for Petitioner ResMed, Inc.
`
`Lisa K. Nguyen
`Allen & Overy LLP
`
`Exhibit 3001
`
`
`
`550 High Street | Palo Alto | CA | 94301 | USA
`Direct +1 650 388 1724 | Mob +1 650 391 5373 | lisa.nguyen@allenovery.com
`
`
`
`This email is confidential and may also be privileged. If you are not the intended recipient please delete it and notify
`us immediately by telephoning or e-mailing the sender. You should not copy it or use it for any purpose nor disclose
`its contents to any other person.
`Allen & Overy LLP
`550 High Street
`Palo Alto
`CA 94301
`Tel: +1 650 388 1650
`Fax: +1 650 388 1699
`http://www.allenovery.com
`
`Allen & Overy LLP is a limited liability partnership registered in England and Wales with registered number
`OC306763 and SRA number 401323. It is authorised and regulated by the Solicitors Regulation Authority of
`England and Wales. Allen & Overy LLP is a multi-jurisdictional legal practice with lawyers admitted to practice in
`a variety of jurisdictions. The term partner is used to refer to a member of Allen & Overy LLP or an employee or
`consultant with equivalent standing and qualifications. A list of the members of Allen & Overy LLP and of the non-
`members who are designated as partners is open to inspection at its registered office, One Bishops Square London
`E1 6AD and at the above address.
`For further information about how Allen & Overy LLP is regulated, please see our website at
`www.allenovery.com/en-gb/global/legal-notices
`
`Our privacy policy is available at https://www.allenovery.com/en-gb/global/legal-notices/privacy-policy
`
`
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