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`PGR2019—00025
`PGR2019–00025
`Ex. 3002
`Ex. 3002
`
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`
`From: Donald R. McPhail <DMcPhail@dickinson-wright.com>
`Sent: Friday, March 20, 2020 3:14 PM
`To:Trials <Trials@USPTO.GOV>
`Cc: Theodore Bielen <bielenit@yahoo.com:=; Shuster, Elizabeth A. <EShuster@tattlaw.com->; White, Ryan
`07 <RWhite@tattlaw.com>
`Subject: PGR2019-00025
`
`To the Honorable Board:
`
`On February 12, 2020, Patent Owner filed a Sur-reply to Petitioner's Reply to Patent Owner's Responseto
`the Petition (Paper No. 35). Concurrently therewith, Patent Owner also filed Exhibit 2002, Declaration of
`William F. O'Keeffe, and Exhibit 2003, Declaration of Thanh Truong.
`
`Pursuant to the Board's Trial Practice Guide Update (August 2018) and the Board’s Consolidated Trial
`Practice Guide (November 2019), a “sur-reply may not be accompanied by new evidence other than
`deposition transcripts of the crass-examination of any reply witness.” (emphasis added}. Patent Owner's
`filing of Exhibit 2002, Declaration of William F. O'Keeffe, and Exhibit 2003, Declaration of Thanh Truong,
`was therefore improper.
`
`Petitioner has twice asked Patent Owner to withdraw Exhibits 2002 and 2003, but has received no
`response to its requests. Petitioner therefore requests authorization to file a Motion to Strike Exhibits
`2002 and 2003 or, in the Alternative, to File a Sur-sur-reply. Such a sur-sur-reply would be limited ta the
`new evidence filed with Patent Owner's Sur-reply, Le. Exhibits 2002 and 2003.
`
`Petitioner asked Patent Owner whether Patent Owner would oppose Petitioner's request for authorization
`
`and motion, but has received no responseto date.
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`1
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`Petitioner's counsel is available at the Board’s convenience for a telephone conference if needed.
`
`Respectfully,
`Donald R. McPhail
`
`Counsel for Petitioner
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