`
`From: Lindsay, Jonathan <jlindsay@irell.com>
`Sent: Tuesday, September 5, 2023 4:16 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: DL Samsung Netlist IPRs <dlsamsungnetlistiprs@BakerBotts.com>; winston-ipr-netlist@winston.com; #NetlistIPR
`[Int] <NetlistIPR@irell.com>
`Subject: IPR2022-00996, IPR2022-00999 - Request for Conference Call
`
`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 requests a conference call with the Board to disclose positions Micron has taken in the parallel
`district court proceeding which are inconsistent with positions it has taken in the above IPR proceedings which
`directly impact the merits of the IPR challenge. This information is contained in a deposition transcript of
`Micron’s corporate representative on technical matters relating to the 918/054 patents, and who discussed the
`difference between AMB packets and signals. This deposition did not occur until August 30. The next day
`Netlist asked for the relevant testimony be de-designated so that it can be used. Micron has improperly
`designated the transcript as confidential under the district court’s protective order, and therefore Patent Owner
`is unable to submit the information itself as supplemental information. Moreover, failure on Micron’s part to
`disclose this information is a direct non-compliance with its obligation to disclose inconsistent information
`under 36 CFR 42.51(b)(1). Netlist has made Micron aware of its concerns regarding compliance with 36 CFR
`42.51(b)(1).
`
`Patent Owner respectfully requests a conference call with the Board to seek guidance on how to proceed
`including, if necessary, seeking leave to file a motion to compel discovery.
`
`The parties are available at the following time:
`
`•
`•
`
`Wednesday, September 6, between 11:00am and 3:30pm Eastern
`Thursday, September 7, between 11:00am and 3:30pm Eastern
`
`Jonathan M. Lindsay
`IRELL & MANELLA LLP
`840 Newport Center Drive, Suite 400
`Newport Beach, CA 92660
`Direct: 949.760.5220
`
`PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information.
`Any distribution or use of this communication by anyone other than the intended recipient(s) is strictly prohibited and
`may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then
`delete it from your system. Thank you.
`
`IPR2022-00996, IPR2022-00999
`Ex. 3002
`
`
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