`Sent: Thursday, November 16, 2023 8:27 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: plambrianakos@fabricantllp.com; vrubino@fabricantllp.com; eiturralde@fabricantllp.com;
`rcowell@fabricantllp.com; jostling@fabricantllp.com; ffabricant@fabricantllp.com; Gewirtz,
`Gregory S. <ggewirtz@lernerdavid.com>; Faegenburg, Russell W.
`<rfaegenburg@lernerdavid.com>; Apicella, Laura <lapicella@lernerdavid.com>
`Subject: Petitioner Sony Request for Reply in Sony Electronics Inc. v. Jawbone Innovations, LLC,
`IPR2023‐01153 (US Patent 11,122,357)
`
`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,
`
`Pursuant to 37 C.F.R. § 42.108(c), Pe(cid:415)(cid:415)oner Sony Electronics Inc. (“Sony”) respec(cid:414)ully requests
`authoriza(cid:415)on to file a reply of no more than 3 pages to Patent Owner’s Preliminary Response
`(“POPR”) in the above‐cap(cid:415)oned case. Patent Owner Jawbone Innova(cid:415)ons, LLC (“Jawbone”) has
`used its POPR, in part, to respond to the Board’s comment in an earlier Amazon v. Jawbone IPR
`(involving the same patent claims and prior art) that Figure 5.2 of Brandstein and Sony’s
`declarant’s explana(cid:415)on established disclosure of the limita(cid:415)on calling for “dis(cid:415)nct virtual
`direc(cid:415)onal microphones with substan(cid:415)ally similar responses to noise and substan(cid:415)ally dissimilar
`responses to speech.” (IPR2023‐00251, Paper No. 7 at 19.) The POPR in the present case
`includes extensive discussions mischaracterizing Sony’s pe(cid:415)(cid:415)on, Brandstein, the accompanying
`declara(cid:415)on discussing Brandstein’s disclosure and other issues rela(cid:415)ng to the Board’s
`comment. (Paper No. 8, at 8‐18.) As a ma(cid:425)er of fundamental fairness, Sony requests that it be
`given the opportunity to respond briefly to those discussions prior to a decision on ins(cid:415)tu(cid:415)on,
`given that Jawbone has already had the opportunity to do so. Sony thus maintains that good
`cause exists for a reply.
`
`On November 15 and 16, 2023, the undersigned no(cid:415)fied Jawbone of its intent to seek leave
`from the Board and requested Jawbone’s consent to Sony’s proposed reply based on the good
`cause discussed above. Jawbone responded it would not consent but that if Sony’s request is
`approved, Jawbone requests a corresponding sur‐reply of equal length.
`
`Sony wishes to make the Board aware that it is also seeking replies in the following co‐pending
`Sony v. Jawbone IPRs: IPR2023‐01117 (Cls. 14‐42, US Patent 8,321,213); IPR2023‐01118 (Cls. 1‐
`13, US Patent 8,321,213); IPR2023‐01119 (US Patent 7,246,058); IPR2023‐01166 (US Patent
`8,019,091); IPR2023‐01176 (Cls. 29‐44, US Patent 8,326,611); IPR2023‐01177 (Cls. 1‐28, US
`Patent 8,326,611); IPR2023‐01222 (US Patent 8,467,543); and IPR2023‐01228 (Cls. 1‐22, 29‐40,
`US Patent 8,503,691).
`
`Respec(cid:414)ully submi(cid:425)ed,
`
`Orville Cockings
`Counsel for Sony Electronics Inc.
`
`Ex. 3001
`
`
`
`[IPR, CBM, or PGR] [number]
`Patent [number]
`
`Orville R. Cockings
`ocockings@lernerdavid.com
`908‐518‐6397 Direct.
`
`Lerner David Littenberg Krumholz & Mentlik LLP
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`2
`
`Ex. 3001
`
`