`Kim Leung; Trials
`IPR50095-0045IP1; IPR50095-0045IP3; AppleIPR745-1; AppleIPR745-3; Nicholas Stephens; AXF-PTAB; Andrew
`Patrick; Rick Bisenius; Patrick King; Daniel Kiang
`RE: IPR2022-01291, IPR2022-01465 - Petitioner"s Response to Expert Testimony
`Tuesday, October 24, 2023 9:30:22 AM
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Counsel,
`
`From the Board –
`
`Petitioner’s request for an increase in the page limit for the Response to Expert Testimony is denied.
`The Board has reviewed the Patent Owner Sur-reply (Paper 49) and Witness Declaration (Ex. 2100)
`filed on October 2, 2023, and concluded that 10 pages is a sufficient allotment for Petitioner to
`respond. No conference is necessary.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Kim Leung <Leung@fr.com>
`Sent: Monday, October 23, 2023 5:56 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: IPR50095-0045IP1 <IPR50095-0045IP1@fr.com>; IPR50095-0045IP3 <IPR50095-
`0045IP3@fr.com>; AppleIPR745-1 <AppleIPR745-1@knobbe.com>; AppleIPR745-3 <AppleIPR745-
`3@knobbe.com>; Nicholas Stephens <nstephens@fr.com>; AXF-PTAB <AXF-PTAB@fr.com>; Andrew
`Patrick <patrick@fr.com>; Rick Bisenius <bisenius@fr.com>; Patrick King <pking@fr.com>; Daniel
`Kiang <Daniel.Kiang@knobbe.com>
`Subject: RE: IPR2022-01291, IPR2022-01465 - Petitioner's Response to Expert Testimony
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Your Honors,
`
`As noted in the Board’s order from September 28, Petitioner reserved the right to seek an increase
`of the page limitation for the Response to Expert Testimony after Petitioner has had a chance to
`review Patent Owner’s Sur-reply and accompanying declaration from Dr. Duckworth. Accordingly,
`Petitioner respectfully requests authorization to increase the page limitation from 10 pages to 15
`pages given the length of Dr. Duckworth’s declaration (77 pages) and the number of issues
`addressed.
`
`Exhibit 3004
`
`
`
`Patent Owner indicates that it opposes Petitioner’s request for a 50% increase in page limit for the
`Response to Expert Testimony because Petitioner has not shown good cause for the increase since
`the Sur-Reply was within the 5,600 word limit, Dr. Duckworth’s Sur-Reply declaration was
`substantially shorter than the corresponding Reply declaration, and no additional exhibits were
`introduced.
`
`Should the Board desire a conference call, the parties are available during the following times:
`Tuesday 10/24: 3:30pm-5pm ET
`Thursday 10/26: 12pm-5pm ET
`
`Best Regards,
`Kim
`
`Kim Leung :: Of Counsel :: Fish & Richardson P.C.
`858 678 4713 direct :: leung@fr.com
`fr.com :: Bio :: LinkedIn :: Twitter
`
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