Trials
`Simpson, Amy (SDO); Trials
`Howard Lim; Scott Breedlove; Michael Pomeroy; Tessar, Amanda (DEN)
`RE: IPR2023-00071 - Unopposed Motion for Leave to File Reply to POPR and Unopposed Request for Guidance to
`Expunge Duplicative Filing
`Wednesday, March 15, 2023 8:17:56 AM
`
`From:
`To:
`Cc:
`Subject:
`
`Date:
`
`Counsel,
`
`From the Board –
`
`In each of IPR2023-00071, -00072, and -00073, Petitioner is authorized to file a reply to Preliminary
`Patent Owner Response, limited to addressing Patent Owner’s claim construction argument for
`“adhesion layer” and not to exceed 5 pages. Patent Owner is authorized to file a sur-reply limited to
`responding to the assertions and arguments made in the reply and not to exceed 5 pages. The reply
`is to be filed no later than March 22, 2023, and the sur-reply is to be file no later than March 29,
`2023.
`
`As for the extraneous and duplicative versions of Patent Owner’s Preliminary Response, the Board
`will expunge them as requested by Patent Owner.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`(571) 272-7822
`
`From: Simpson, Amy (SDO) <ASimpson@perkinscoie.com>
`Sent: Monday, March 13, 2023 5:04 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Howard Lim <hlim@carterarnett.com>; Scott Breedlove <sbreedlove@carterarnett.com>;
`Michael Pomeroy <mpomeroy@carterarnett.com>; Tessar, Amanda (DEN)
`<ATessar@perkinscoie.com>
`Subject: IPR2023-00071 - Unopposed Motion for Leave to File Reply to POPR and Unopposed
`Request for Guidance to Expunge Duplicative Filing
`
`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,
`
`Micron Technology, Inc., Micron Semiconductor Products, Inc. and Micron Technology Texas, LLC
`(“Petitioners”), together with Katana Silicon Technologies, LLC (“Patent Owner”), jointly seek the
`Board’s permission and guidance regarding the two issues outlined below. The parties met and
`
`Exhibit 3001
`
`

`

`conferred and the below requests are not opposed.
`
`1. Petitioners’ Unopposed Motion for Leave to File a Reply to Patent Owner’s POPR:
`Petitioners Micron seek leave to file a Reply to the Preliminary Patent Owner Response (POPR)
`filed in IPR2023-00071 at Paper 6. Petitioners respectfully request authorization to respond to
`Patent Owner’s claim construction argument for “adhesion layer” which is supported by extrinsic
`evidence including an expert declaration and exhibits. Good cause exists because the Patent
`Owner’s extrinsic evidence goes beyond the patent and file history and was unforeseeable by
`Petitioners. Petitioners respectfully request authorization for a 5-page Reply to address this issue
`and do not oppose granting Patent Owner a sur-Reply of the same length. The parties conferred and
`Patent Owner does not oppose this motion.
`
`Petitioners note that the POPRs filed in related matters IPR2023-00072 and IPR2023-0073 also
`involve the same claim construction issue supported by the same extrinsic evidence. Under
`separate cover, Petitioners seek leave to file a reply in each of these matters and commits that all
`three replies will be substantively identical.
`
`2. Patent Owner’s Unopposed Request for Guidance to Expunge Duplicative Filing:
`For the above referenced case, Patent Owner, Katana Silicon Technologies LLC, seeks the Board’s
`guidance regarding inadvertently filing an extraneous and duplicative version of Patent Owner’s
`Preliminary Response (Papers 6 and 7). Patent Owner respectfully requests that the Board expunge
`the duplicative Patent Owner Preliminary Response (Paper 7). Patent Owner has conferred with
`counsel for Petitioner and confirmed they do not oppose this relief.
`
`The parties do not believe that a conference call is necessary but will make themselves available
`should the Board desire a call.
`
`Regards,
`
`Amy Simpson (on behalf of Petitioners Micron) and Howard Lim (on behalf of Patent Owner Katana
`Silicon)
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the
`sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`Exhibit 3001
`
`