`To:
`Cc:
`Subject:
`Date:
`
`Digitaldruglord
`Krieger, Justin
`Bertelson, Mike; Geyer, Kate; Gibby, Darin; Trials; business@greciafamily.estate
`Re: PGR2022-00046
`Monday, February 6, 2023 1:55:25 PM
`
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`
`Patent owner FIA supports
`
`On Mon, Feb 6, 2023 at 1:54 PM Krieger, Justin <JKrieger@kilpatricktownsend.com> wrote:
`
`Re: PGR2022-00046
`
`Honorable Board,
`
`As the Board is aware, on Oct. 10, 2022, Patent Owner filed a statutory disclaimer
`purporting to disclaim the entirety of the challenged patent (D945,453). Ex. 3002. At the
`time, Patent Owner did not pay the corresponding statutory disclaimer fee. Ex. 3003 at 1.
`This is to apprise the Board that on Feb. 2, 2023, Patent Owner paid the requisite fee for its
`Oct. 2022 statutory disclaimer. See Attached Payment Receipt. As such, the entire scope of
`the ‘453 patent has now been properly disclaimed.
`
`In view of the foregoing, Petitioner EWS respectfully renews its request for leave to file a
`Motion for Adverse Judgment based Patent Owner’s disclaimer of the challenged patent and
`abandonment of the proceeding. 37 CFR 41.127(b) (indicating disclaiming a claim such that
`the party no longer has a claim involved in the proceeding constitutes a request for adverse
`judgment).
`
`Patent Owner has been copied on this communication.
`
`Sincerely,
`Justin Krieger
`
`Counsel for Petitioner EWS
`
`Exhibit
`3005
`
`
`
`Justin Krieger
`Kilpatrick Townsend & Stockton LLP
`Suite 600 | 1400 Wewatta Street | Denver, CO 80202
`office 303 405 1486 | cell 703 740 7221 | fax 202 380 0913
`jkrieger@kilpatricktownsend.com | My Profile | vCard
`
`
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