From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Ehmke, Andrew S.
`Trials
`Jonathan K. Waldrop; Nekita A. Washington; John Downing; Andy Ehmke IPR; Eugene Goryunov IPR; Jon
`Bowser IPR; Jordan Maucotel IPR
`RE: Apple Inc. v. Fintiv, Inc., Cases IPR2023-00398 and IPR2023-00399
`Wednesday, April 12, 2023 1:47:26 PM
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`To the Honorable Board and Counsel for Patent Owner,
`
`We are now in receipt. The original service emails were flagged as spam messages, but with this
`information we were able to trace and identify the correspondence. Thank you.
`
`Accordingly, Petitioner has no objections to the April 11 filing date.
`
`-Andrew S. Ehmke
`Counsel for Petitioner
`
`Andrew S. Ehmke | Partner | He/Him/His
`andy.ehmke@haynesboone.com | (t) +1 214.651.5116
`From: Nekita A. Washington <NWashington@kasowitz.com>
`Sent: Wednesday, April 12, 2023 12:32 PM
`To: Ehmke, Andrew S. <Andy.Ehmke@haynesboone.com>; Trials <Trials@USPTO.GOV>
`Cc: Jonathan K. Waldrop <JWaldrop@kasowitz.com>; John Downing <JDowning@kasowitz.com>;
`Andy Ehmke IPR <andy.ehmke.ipr@haynesboone.com>; Eugene Goryunov IPR
`<Eugene.Goryunov.ipr@haynesboone.com>; Jon Bowser IPR <Jon.Bowser.ipr@haynesboone.com>;
`Jordan Maucotel IPR <Jordan.Maucotel.ipr@haynesboone.com>
`Subject: RE: Apple Inc. v. Fintiv, Inc., Cases IPR2023-00398 and IPR2023-00399
`
`EXTERNAL: Sent from outside Haynes and Boone, LLP
`
`SENT ON BEHALF OF JONATHAN K. WALDROP
`
`To the Honorable Board and Counsel for Petitioner Apple,
`
`Please find attached copies of the service emails that were sent on April 11, 2023.
`
`Jonathan K. Waldrop
`Counsel for Patent Owner
`
`From: Ehmke, Andrew S. <Andy.Ehmke@haynesboone.com>
`Sent: Wednesday, April 12, 2023 1:18 PM
`
`Exhibit 3001
`
`

`

`To: Trials <Trials@USPTO.GOV>
`Cc: Jonathan K. Waldrop <JWaldrop@kasowitz.com>; Nekita A. Washington
`<NWashington@kasowitz.com>; John Downing <JDowning@kasowitz.com>; Andy Ehmke IPR
`<andy.ehmke.ipr@haynesboone.com>; Eugene Goryunov IPR
`<Eugene.Goryunov.ipr@haynesboone.com>; Jon Bowser IPR <Jon.Bowser.ipr@haynesboone.com>;
`Jordan Maucotel IPR <Jordan.Maucotel.ipr@haynesboone.com>
`Subject: RE: Apple Inc. v. Fintiv, Inc., Cases IPR2023-00398 and IPR2023-00399
`
`
`
`ALERT: THIS IS AN EXTERNAL EMAIL. DO NOT CLICK
`ON ANY LINK, ENTER A PASSWORD, OR OPEN AN
`ATTACHMENT UNLESS YOU KNOW THAT THE
`MESSAGE CAME FROM A SAFE EMAIL ADDRESS.
`
`To the Honorable Board,
`
`While Patent Owner’s email below indicates that it effectuated service, Petitioner’s counsel received
`no email service of the POPRs on April 11, 2023, as provided for in the petitions.
`
`To the extent that Patent Owner shows that it properly effectuated service through other permitted
`means on April 11, 2023 (of which we are not in receipt of as of yet), Petitioner would have no
`objections to the filing date being set for April 11, 2023. If the Board deems it necessary to have a
`call to discuss, Petitioner’s counsel can make itself available at the Board’s convenience.
`
`Andrew S. Ehmke,
`Counsel for Petitioner Apple
`
`
`Andrew S. Ehmke | Partner | He/Him/His
`andy.ehmke@haynesboone.com | (t) +1 214.651.5116
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Wednesday, April 12, 2023 11:02 AM
`To: Nekita A. Washington <NWashington@kasowitz.com>
`Cc: Jonathan K. Waldrop <JWaldrop@kasowitz.com>; John Downing <JDowning@kasowitz.com>;
`Andy Ehmke IPR <andy.ehmke.ipr@haynesboone.com>; Eugene Goryunov IPR
`<Eugene.Goryunov.ipr@haynesboone.com>; Jon Bowser IPR <Jon.Bowser.ipr@haynesboone.com>;
`Jordan Maucotel IPR <Jordan.Maucotel.ipr@haynesboone.com>; Trials <Trials@USPTO.GOV>
`Subject: RE: Apple Inc. v. Fintiv, Inc., Cases IPR2023-00398 and IPR2023-00399
`
`EXTERNAL: Sent from outside Haynes and Boone, LLP
`
`Counsel,
`
`
`

`

`The Board panel assigned to these cases has reviewed Patent Owner’s request (reproduced below).
`Counsel for Petitioner shall inform the Board via a responsive email communication, within two days,
`whether Petitioner objects to the Patent Owner’s request for leave to file a Preliminary Response
`and associated exhibits, and accord them a filing date of April 11, 2023. If Petitioner does oppose,
`the email communication shall provide times within the following week when both parties are free
`to participate in a telephone conference with the Board panel to discuss the issue.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Nekita A. Washington <NWashington@kasowitz.com>
`Sent: Tuesday, April 11, 2023 11:58 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Jonathan K. Waldrop <JWaldrop@kasowitz.com>; John Downing <JDowning@kasowitz.com>;
`andy.ehmke.ipr@haynesboone.com; eugene.goryunov.ipr@haynesboone.com;
`jon.bowser.ipr@haynesboone.com; jordan.maucotel.ipr@haynesboone.com
`Subject: Apple Inc. v. Fintiv, Inc., Cases IPR2023-00398 and IPR2023-00399
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`SENT ON BEHALF OF JONATHAN K. WALDROP
`
`Dear PTAB,
`
`We have been attempting to upload the Patent Owner’s Preliminary Responses (POPRs) and
`associated exhibits for IPR2023-00398 and IPR2023-00399 on April 11, 2023. However, due to
`clerical errors the Mandatory Notice and power attorneys in both IPR proceedings are not in the
`system and we cannot be sure that these POPRs and respective exhibits uploaded concurrently with
`the Mandatory Notices tonight on April 11, 2023 are properly accepted. However, this email serves
`as notice to the board that we have served a copy of the POPRs and the associated exhibits to
`opposing counsel.
`
`Further, we request that these two POPRs be afforded a filing date of April 11, 2023, under 37 C.F.R.
`§ 42.6(b).
`
`Respectfully submitted,
`
`Jonathan K. Waldrop
`Reg. No. 50,334
`Counsel for Patent Owner
`
`

`

`
`
`
`Nekita A. Washington
`Case Manager
`Kasowitz Benson Torres LLP
`1230 Peachtree Street, NE
`Suite 2445
`Atlanta, Georgia 30309
`Tel. (404) 260-6111
`Fax. (404) 393-0473
`NWashington@kasowitz.com
`
`This e-mail and any files transmitted with it are confidential and may be subject to the attorney-client privilege. Use or disclosure of
`this e-mail or any such files by anyone other than a designated addressee is unauthorized. If you are not an intended recipient,
`please notify the sender by e-mail and delete this e-mail without making a copy.
`
`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.
`
`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.
`
`