Trials
`Yackey, Scott; Trials
`Tom Leach; Michael Erbele; Robert A. Kalinsky; Jeffrey Blake; Luchsinger, J. Bradley; Jeremy Miller; Cutler, Matthew;
`{F6096799}.Active@ef.merchantgould.com; Taylor R. Stemler; stl_legal Correspondence _ 18863_400016
`RE: Bazooka-Farmstar, LLC v. Nuhn Industries Ltd. IPR2024-00098 [IMAN-DB1.FID6096799] [HDP-stl_legal.FID1520352]
`Monday, March 18, 2024 11:25:05 AM
`image001.png
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`From the Board –
`
`Petitioner’s request to file a reply to Patent Owner’s Preliminary Response in IPR2024-00098 is granted. The reply is
`limited to 7 pages and due by March 25, 2024. The reply is further limited to responding to Patent Owner’s Preliminary
`Response, and in particular to addressing 1) claim construction; 2) discretionary denial; and 3) overlap with IPR2023-
`01161.
`
`Patent Owner’s request to file a sur-reply is also granted. The sur-reply is limited to 7 pages and is due by the earlier of
`April 1, 2024 or 5 business days after Petitioner files the reply. The sur-reply is limited to responding to arguments in
`the reply.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Yackey, Scott <syackey@harnessip.com>
`Sent: Friday, March 15, 2024 5:36 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Tom Leach <TLeach@merchantgould.com>; Michael Erbele <MErbele@MerchantGould.com>; Robert A. Kalinsky
`<RKalinsky@merchantgould.com>; Jeffrey Blake <JBlake@MerchantGould.com>; Luchsinger, J. Bradley
`<bluchsinger@harnessip.com>; Jeremy Miller <jmiller@merchantgould.com>; Cutler, Matthew
`<mcutler@harnessip.com>; {F6096799}.Active@ef.merchantgould.com; Taylor R. Stemler
`<TStemler@MerchantGould.com>; stl_legal Correspondence _ 18863_400016 <{F1520352}.stl_legal@dm.hdp.com>
`Subject: RE: Bazooka-Farmstar, LLC v. Nuhn Industries Ltd. IPR2024-00098 [IMAN-DB1.FID6096799] [HDP-
`stl_legal.FID1520352]
`
`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,
`
`As a follow up to the Board’s question during today’s conference in IPR2023-01161, should the Board grant Petitioner’s
`request to file a reply in IPR2024-00098, Patent Owner Nuhn requests that it be permitted 5 business days following
`Petitioner’s filing of its reply in order to file Patent Owner’s sur-reply.
`
`Best regards,
`Scott Yackey
`Counsel for Patent Owner
`
`Scott Yackey | Attorney at Law, Principal
`
`O: 469.777.5423
`
`Exhibit 3001
`
`

`

`From: Taylor R. Stemler <TStemler@MerchantGould.com>
`Sent: Friday, March 15, 2024 8:41 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Tom Leach <TLeach@merchantgould.com>; Michael Erbele <MErbele@MerchantGould.com>; Robert A. Kalinsky
`<RKalinsky@merchantgould.com>; Jeffrey Blake <JBlake@MerchantGould.com>; Luchsinger, J. Bradley
`<bluchsinger@harnessip.com>; Jeremy Miller <jmiller@merchantgould.com>; Cutler, Matthew
`<mcutler@harnessip.com>; Yackey, Scott <syackey@harnessip.com>; {F6096799}.Active@ef.merchantgould.com
`Subject: Bazooka-Farmstar, LLC v. Nuhn Industries Ltd. IPR2024-00098 [IMAN-DB1.FID6096799]
`
`EXTERNAL EMAIL - USE CAUTION
`
`Dear Board,
`
`I am counsel for Petitioner Bazooka-Farmstar, LLC (“Petitioner”) in IPR2024-00098. Petitioner seeks authorization to file
`a motion seeking leave to file a 7-page reply to Patent Owner’s Preliminary Response (“POPR”) pursuant to 37 C.F.R. §
`42.108(c). The reply will address the following issues in the POPR:
`
`1. Regarding the construction of the term “buoyant elements positioned between the front wheel and rear wheel
`on each side of the vehicle” terms, Petitioner will respond to the arguments raised by Patent Owner that this
`term should be construed as “a buoyant element is positioned in the space between the front and rear wheels on
`each of the right and left sides of the vehicle body.”
`2. Regarding discretionary denial, Petitioner will respond to the arguments raised by Patent Owner Nuhn Industries
`LTD. (“Patent Owner”) on pages 14-22 of the POPR that the Board should use its discretion to deny institution.
`3. Petitioner will identify arguments raised by Patent Owner that were already considered and addressed by the
`Board as a part of the institution decision in IPR2023-01161 regarding the related ’425 Patent, such as, for
`example, arguments regarding the level of skill in the art, the use of the Lonneman declaration, the motivation to
`combine references, and the ability of the prior art references to pump liquid manure.
`
`Petitioner states that good cause exists to address these three points because Patent Owner raises new claim
`construction and discretionary denial arguments, which Petitioner could not have anticipated prior to filing its petition.
`Additionally, the institution decision of the ’425 Patent was issued after Petitioner filed its petition in IPR2024-00098
`regarding the ’708 Patent.
`
`Petitioner can file the reply within 5 business days of being authorized to do so.
`
`Petitioner has discussed this issue with Patent Owner, and Patent Owner does not oppose Petitioner’s request, so long
`as Patent Owner is granted leave to file a sur-reply of an equal number of pages to whatever Petitioner receives.
`Petitioner does not object to a sur-reply by Patent Owner.
`
`Petitioner and Patent Owner are available on March 19, 2024 and March 20, 2024 from 10am-5pm ET for a call to
`discuss this request.
`
`Best,
`
`Taylor Stemler
`Counsel for Petitioner
`
`Taylor R. Stemler
`Attorney
`Merchant & Gould P.C.
`
`

`

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