`
`
`From: Peter M Kohlhepp <PKohlhepp@carlsoncaspers.com>
`Sent: Monday, April 15, 2024 2:49 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: DSullivan@barclaydamon.com; thoehner@barclaydamon.com; PKatti@barclaydamon.com;
`cory.bell@finnegan.com; Tim A Lindquist <TLindquist@carlsoncaspers.com>; Dennis C Bremer
`<DBremer@carlsoncaspers.com>; Ryan Rypka <RRypka@carlsoncaspers.com>
`Subject: IPR2023-01061, IPR2023-01062 (CommScope v. Belden)
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Board,
`
`I represent Petitioner and respectfully request a conference call in the above-listed IPRs.
`
`Petitioner requests a conference call to seek assistance in obtaining specific documents relevant to
`these IPR trials. Based on publicly available documents, Petitioner believes that Patent Owner took a
`position in a previous district court trial concerning the same patents is that inconsistent with positions
`Patent Owner is now taking. Specifically, it appears that Patent Owner previously took the position that
`the GmbH-866 reference disclosed twisted pairs; Patent Owner is now taking the opposite position.
`
`
`Given this, Petitioner has requested production of non-publicly available documents from that district
`court trial that likely contain the inconsistent position: expert reports, testimony transcripts (e.g.,
`depositions), and discovery responses (e.g., interrogatory and RFA responses regarding GmbH-866).
`
`
`Petitioner believes Patent Owner is obligated to produce the documents without a motion as “routine
`discovery” pursuant to 37 CFR 42.51(b)(1)(iii). Patent Owner has declined, maintaining that it does not
`believe any documents take an inconsistent position. Petitioner also asked whether Patent Owner
`would oppose a motion to have the documents produced as additional discovery pursuant to 37 CFR
`42.51(b)(2)(i), and Patent Owner stated it would oppose such a motion.
`
`
`Petitioner therefore requests a conference call on the following two issues:
`
`
`(1) To seek Board assistance in having Patent Owner produce the documents as “routine”
`discovery, as Petitioner does not believe it should have to file a motion to obtain what the rules
`plainly require Patent Owner to provide sua sponte.
`
`(2) If necessary, to seek permission to file a motion requesting the documents as “additional
`discovery” that is in the interests of justice.
`
`
`
`Petitioner has conferred with Patent Owner, and the parties are available for a call with the Board from
`9 am to 12 noon Eastern Wednesday through Friday of this week (April 17-19).
`
`
`Best regards,
`
`
`Peter Kohlhepp
`
`
`IPR2023-01061; IPR2023-01062
`Ex. 3001
`
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`Peter M Kohlhepp
`Carlson Caspers
`225 S. Sixth St., Suite 4200
`Minneapolis, MN 55402
`Direct: 612.436.9659
`PKohlhepp@carlsoncaspers.com
`carlsoncaspers.com
`BIO | vCard | Disclaimers
`
`
`
`IPR2023-01061; IPR2023-01062
`Ex. 3001
`
`