Trials
`Kenneth Darby; Trials
`Robert Auchter; John Petrsoric; Speir Counsel; bcooper@bc-lawgroup.com; IPR50095-0107IP1; Karl Renner; John-Paul Fryckman; David Holt
`RE: IPR2022-01512--Request for Preliminary Reply and Sur-Reply Briefing
`Tuesday, March 28, 2023 11:29:46 AM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Counsel,
`
`From the Board –
`
`Further to Petitioner’s request, Petitioner is granted leave to file a 5-page Reply, limited to addressing Fintiv and General Plastic issues, due no
`later than 7 business days from this grant of leave. Patent Owner is granted leave to file a 5-page Sur-reply, limited to addressing Fintiv and
`General Plastic issues, due no later than 7 business days from the filing of Petitioner’s Reply. No additional evidence shall be filed.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Kenneth Darby <kdarby@fr.com>
`Sent: Monday, March 27, 2023 6:26 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Robert Auchter <robert@auchterlaw.com>; John Petrsoric <jpetrsoric@bc-lawgroup.com>; Speir Counsel <Speir_Counsel@b-clg.com>;
`bcooper@bc-lawgroup.com; IPR50095-0107IP1 <IPR50095-0107IP1@fr.com>; Karl Renner <renner@fr.com>; John-Paul Fryckman
`<Fryckman@fr.com>; David Holt <DTH@fr.com>
`Subject: IPR2022-01512--Request for Preliminary Reply and Sur-Reply Briefing
`
`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,
`
`Petitioner respectfully requests authorization for briefing in the form of a 7-page Reply to Patent Owner’s Preliminary Response in
`IPR2022-01512. Cognizant of the Board’s guidance to omit substantive arguments from emails, the parties endeavor only to identify
`their positions with sufficient clarity to allow the Board to consider the appropriateness of the requested briefing.
`
`If Petitioner’s request is granted, Petitioner does not oppose Patent Owner’s submission of an equivalent Sur-Reply. The Reply and
`Sur-Reply would address Sections II and III of the Preliminary Response, which argue that institution should be denied based on the
`Fintiv and General Plastic factors, without addressing the substantive merits of the Petition. Petitioner submits that no new evidence
`should accompany either the Reply or Sur-Reply.
`
`Petitioner and Patent Owner met and conferred. Patent Owner’s position is: “As long as Petitioner agrees that Patent Owner is
`entitled to sur-replies of equal length to the requested replies, Patent Owner does not oppose Petitioner’s request.”
`
`Petitioner proposes the briefing schedule outlined below:
`
`IPR Proceeding
`
`IPR2022-01512
`
`Preliminary
`Response Filed
`February 28, 2023
`
`Institution
`Deadline
`May 28, 2023
`
`Petitioner’s
`Reply Deadline
`Within 10 business days of
`the Board’s authorization
`
`Patent Owner’s
`Sur Reply Deadline
`Within 10 business days of
`Petitioner’s Reply
`
`Respectfully,
`
`Kenneth Darby :: Principal :: Fish & Richardson P.C.
`512 226 8126
`
`Counsel for Petitioner
`
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`information. Any unauthorized use or disclosure is prohibited. If you are not the intended recipient, please contact the
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`
`Exhibit 3001
`
`