From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Warrick, Philip
`Director_PTABDecision_Review
`Trials; DL Samsung Netlist IPRs; Winston-IPR-Netlist@winston.com; #NetlistIPR [Int]
`FW: IPR2022-00996 - Patent Owner"s Request for Rehearing by the Director
`Wednesday, February 21, 2024 1:08:13 PM
`IPR2022-00996 PO"s Request for Director Review.pdf
`
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`
`Dear Director Vidal,
`
`As requested by the Director Review Team, Patent Owner Netlist, Inc. forwards this Request for
`Rehearing by the Director of the Final Written Decision by the Board (Paper 49) in IPR2022-00996.
`
`On January 5, 2024, pursuant to Section 3.A of the Revised Interim Director Review Process, Netlist
`timely: (1) filed the attached Request in P-TACTS (Paper 52), and (2) emailed the Director at
`Director_PTABDecision_Review@uspto.gov, copying counsel for all parties to the proceeding as
`shown below. Netlist followed the same procedure to submit a timely Request for Rehearing by the
`Director in IPR2022-00999 on January 4, 2024 (Paper 53), which raises substantively identical issues.
`
`Having received no response to either Request and observing that neither Request appeared on the
`“Director Review requests spreadsheet” (https://www.uspto.gov/patents/patent-trial-and-appeal-
`board/status-director-review-requests), counsel for Netlist called the PTAB on February 20, 2024, to
`inquire about their status pursuant to Section E of the Revised Interim Director Review Process.
`Earlier today, February 21, 2024, the PTAB responded by phone, indicating that the “Director Review
`Team” had requested that Netlist forward its original Requests to the Director Review email address
`and copy the PTAB Trials email address.
`
`Accordingly, Netlist now forwards this Request and concurrently forwards its Request in IPR2022-
`00999 by separate email.
`
`Respectfully submitted,
`Philip Warrick
`
`From: Warrick, Philip
`Sent: Friday, January 5, 2024 4:28 PM
`To: Director_PTABDecision_Review@uspto.gov
`Cc: DL Samsung Netlist IPRs <dlsamsungnetlistiprs@BakerBotts.com>; Winston-IPR-
`Netlist@winston.com; #NetlistIPR [Int] <NetlistIPR@irell.com>
`Subject: IPR2022-00996 - Patent Owner's Request for Rehearing by the Director
`
`Dear Director Vidal,
`
`IPR2022-00996
`Ex. 3100
`
`

`

`Patent Owner Netlist, Inc. respectfully notifies the parties and the USPTO of its filing of the
`attached Request for Rehearing by the Director (“Request”), filed pursuant to 37 C.F.R. §
`42.71(d) and the Revised Interim Director Review Process adopted on July 24, 2023, of the
`Final Written Decision by the Board (Paper 49) in IPR2022-00996.
`
`The Request presents the following issues, listed in order of priority, for which Patent Owner
`seeks review:
`
`
`1. Whether the Board abused its discretion by making a case dispositive finding that
`altered the grounds in the Petition and which effectively absolved Petitioners of their
`obligations under 37 C.F.R. § 42.104.
`
`2. Whether the Board abused its discretion by making a case dispositive finding that is
`contrary to the testimony of two corporate representatives of one of the Petitioners that
`the Board declined to enter into the record.
`
`
`These are important issues of policy and practice that implicate the Board’s obligation to
`decide inter partes reviews based on the evidence of record and not on personal expertise or
`experience, as well as the Petitioners’ obligation to specify in the Petition where each element
`of the claim is allegedly found in the prior art pursuant to 37 C.F.R. § 42.104(b)(4) and 35
`U.S.C. § 312(a)(3). In this case, the Board’s Final Written Decision rests on a finding that a) is
`inconsistent with the arguments presented in the Petition, b) lacks support in the evidence of
`record, and c) is contrary to the sworn testimony of two of Petitioner Micron’s corporate
`representatives in parallel district court litigation that the Board declined to enter into the
`record.
`
`This Request raises substantively identical issues to those raised in the Request for Rehearing
`by the Director in IPR2022-00999 (Paper 53) filed on January 4, 2024.
`
`Respectfully submitted,
`
`Philip Warrick
`(for Patent Owner Netlist, Inc.)
`
`Philip Warrick
`Irell & Manella LLP
`(202) 777-6512
`
`
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