From:
`To:
`Cc:
`Subject:
`Date:
`
`Trials
`Jarratt, Scott; Trials
`Andy Ehmke IPR; Calmann Clements IPR; Scott Jarratt IPR; Brett Cooper; Aire Counsel
`RE: IPR2022-01135, -01136, -01137
`Thursday, October 13, 2022 1:43:21 PM
`
`EXTERNAL: Sent from outside Haynes and
`Boone, LLP
`
`Counsel:
`
`The Board grants Petitioner’s unopposed request to file a preliminary reply brief in each case
`addressing the Fintiv-related issues presented in Petitioner’s email below. The brief should not to
`exceed 5 pages and shall be filed on or before October 19, 2022. The Board also authorizes Patent
`Owner to file a preliminary sur-reply brief in each case responding to Petitioner’s corresponding
`brief not to exceed 5 pages on or before October 26, 2022. Petitioner also shall file a copy of this
`email chain as an exhibit in each case and reference same in its briefing.
`
`Best regards,
`Esther
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`(571) 272-7822
`
`From: Jarratt, Scott <Scott.Jarratt@haynesboone.com>
`Sent: Wednesday, October 12, 2022 2:27 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Andy Ehmke IPR <andy.ehmke.ipr@haynesboone.com>; Calmann Clements IPR
`<Calmann.Clements.ipr@haynesboone.com>; Scott Jarratt IPR
`<Scott.Jarratt.IPR@haynesboone.com>; Brett Cooper <bcooper@bc-lawgroup.com>; Aire Counsel
`<Aire_Counsel@b-clg.com>
`Subject: IPR2022-01135, -01136, -01137
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Honorable Board,
`
`Pursuant to 37 CFR 42.108(c), Petitioner Apple Inc. requests leave to file a Preliminary Reply to
`Patent Owner’s Preliminary Response in each of IPR2022-01135, -01136, -01137 to address Fintiv-
`related issues. For all three IPRs, developments impacting the Fintiv factors have occurred since the
`Petitions were filed—for example, the district court issued a revised scheduling order that moves the
`trial date and Director Vidal issued her Fintiv memorandum. Good cause therefore exists to grant a
`reply under 37 C.F.R. § 42.108(c) so that Petitioner can address the impact of these new
`
`Ex.1024 / IPR2022-01137 / Page 1 of 2
`Apple Inc. v. Aire Technology Limited
`
`

`

`developments.
`
`Petitioner requests authorization for a five-page reply to the POPR in each of the proceedings.
`Petitioner does not oppose granting Patent Owner sur-replies of the same length.
`
`Petitioner and Patent Owner have conferred. Patent Owner does not oppose Petitioner’s request
`for replies.
`
`While the parties do not believe that a conference call with the Board is necessary, the parties are
`available at these times if the Board should choose to schedule a conference call: Monday, 10/17
`through Wednesday 10/19: 10am ET to 5pm ET
`
`Thank you,
`Scott Jarratt
`Counsel for Petitioner
`
`Scott Jarratt
`Partner
`scott.jarratt@haynesboone.com
`
`Haynes and Boone, LLP
`6000 Headquarters Dr.
`Suite 200
`Plano, TX 75024
`
`(t) +1 972.739.8663
`(f) +1 972.692.9164
`
`vCard | Bio | Website
`
`CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
`may be privileged and should be read or retained only by the intended
`recipient. If you have received this transmission in error, please
`immediately notify the sender and delete it from your system.
`
`Ex.1024 / IPR2022-01137 / Page 2 of 2
`Apple Inc. v. Aire Technology Limited
`
`