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`PGR2019–00025
`PGR2019—00025
`Ex. 3002
`EX. 3002
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`From: Donald R. McPhaiI c:DivicPhail@dickinson—wright.oom:=
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`Sent: Friday, March El), 2021] 3:14 PM
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`To: Trials sTriaIsQUSPTDfiDv}
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`Cc: Theodore Elielen sbielenltgyahoocome; Shuster, Elizabeth A. sEShusteeraftlawmom}; White, Ryan
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`CI. oRWhitefltaFtlawcome
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`Subject: P G REDlfl-DUDES
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`To the Honorable Board:
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`Cln February 12, 20213, Patent Owner filed a Eur—reply to Petitioner's Reply to Patent Chvner“s Response to
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`the Petition [Paper No. 35}. Concurrently therewith, Patent Dwner also filed Exhibit 2002, Declaration of
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`William F. O'Keeffe, and Exhibit 2603, Declaration of Thanh Truong.
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`Pursuant to the Board’s Trial Practice Guide Update {August 2018] and the Board’s Consolidated Trial
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`Practice Guide [November 2019], a "sur-reply may not be aocompanied by new evidence other than
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`deposition transcripts of the cross-examination of any reply witness." [emphasis added}. Patent Owner's
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`filing of Exhibit EDDIE, Declaration of William F. D’Keef‘fe, and Exhibit EDGE, Declaration of Thanh Truong,
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`was therefore improper.
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`Petitioner has twice asked Patent Dwner to withdraw Exhibits EDDIE and 2003, but has received no
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`response to its requests. Petitioner therefore requests authorization to file a Motion to Strike Exhibits
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`EDD? and EDGE or, in the Alternative, to File a Sur-sur—reply. Such a sur-sur-reply would be limited to the
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`new evidence filed with Patent Dwner"s Eur—reply, Le. Exhibits EUDE and 2003.
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`Petitioner asked Patent Dwner whether Patent Dwner would oppose Petitioner's request for authorization
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`and motion, but has received no response to date.
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`I
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`Petitioner‘s counsel is available at the Board‘s convenience for a telephone conference if needed.
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`Respectfully,
`Donald R. i‘v’lcPhail
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`Counsel for Petitioner
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