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IPR2024-00236, No. 22 Other Refund request - Petitioners Request for Refund of Post Instutition Fees (P.T.A.B. Jun. 14, 2024)
IPR No. IPR2024-00236 Patent 9,873,638 On November 28, 2023, Petitioners filed the instant Petition for Inter Partes Review of 23 claims of U.S. Patent No. 9,873,638 (Paper 1).
With the Petition, Petitioners submitted a post-institution fee of $22,500 and post-institution excess claim fee of $750 for three claims in excess of 20, together totaling $23,250.
Petitioners submitted these fees via electronic payment through Deposit Account No. 50-1482 in the name of Carlson, Gaskey & Olds (its former counsel).
On June 12, 2024, the Board terminated said IPR in view of a settlement between the parties prior to institution of trial (Paper 21).
Because the IPR was not instituted, Petitioners respectfully request a refund of post-institution fees in the amount of $23,250 to the above-mentioned deposit account.
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IPR2024-00236, No. 22 Other Refund request - Petitioners Request for Refund of Post Instutition Fees (P.T.A.B. Jun. 14, 2024)
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IPR2024-00236, No. 22 Other Refund request - Petitioners Request for Refund of Pre Instutition Fees (P.T.A.B. Jun. 14, 2024)
IPR No. IPR2024-00236 Patent 9,873,638 On November 28, 2023, Petitioners filed the instant Petition for Inter Partes Review of 23 claims of U.S. Patent No. 9,873,638 (Paper 1).
With the Petition, Petitioners submitted a post-institution fee of $22,500 and post-institution excess claim fee of $750 for three claims in excess of 20, together totaling $23,250.
Petitioners submitted these fees via electronic payment through Deposit Account No. 50-1482 in the name of Carlson, Gaskey & Olds (its former counsel).
On June 12, 2024, the Board terminated said IPR in view of a settlement between the parties prior to institution of trial (Paper 21).
Because the IPR was not instituted, Petitioners respectfully request a refund of post-institution fees in the amount of $23,250 to the above-mentioned deposit account.
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IPR2024-00236, No. 22 Other Refund request - Petitioners Request for Refund of Pre Instutition Fees (P.T.A.B. Jun. 14, 2024)
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IPR2024-00236, No. 20 Other other - Joint Request That Settlement Agreement be Treated as Business Confidential Information and be Kept Separate (P.T.A.B. Jun. 10, 2024)
Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioners Prolime Agricultural LLC and Caudill Seed and Warehouse Co., Inc. (“Petitioners”) and Patent Owner Sul4r-Plus, LLC (“Patent Owner”) jointly request to file the Settlement Agreement (Ex. 1021) between the parties, as referenced in the Unopposed Motion To Dismiss Petition For Inter Partes Review, as business confidential information, which shall be kept separate from the file of the patent at issue, and only made available to Federal Government agencies upon written request.
The requested relief is appropriate because the terms of the Settlement Agreement are confidential business information and require Patent Owner and Petitioners to treat the Settlement Agreement as confidential information and limit their respective abilities to share the Settlement Agreement with or disclose its contents to third parties.
Patent Owner and Petitioners have filed a copy of the Settlement Agreement (Ex. 1021) with the Board, as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.
The confidential Settlement Agreement was filed in the PTAB E2E system to provide availability only to the Board.
Respectfully submitted, /Jessica Fleetham/ Jessica Fleetham (Reg. No. 70,951) Counsel for Petitioners Respectfully submitted, /Stephanie Scruggs (with permission) Stephanie Scruggs (Reg. No. 54,432) Counsel for Patent Owner
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IPR2024-00236, No. 20 Other other - Joint Request That Settlement Agreement be Treated as Business Confidential Information and be Kept Separate (P.T.A.B. Jun. 10, 2024)
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IPR2024-00236, No. 18 Other other - Petitioners Reply to Patent Owners Preliminary Response (P.T.A.B. Apr. 19, 2024)
Specifically, Sul4r devotes a significant portion of its POPR to application of the six-factor analysis set forth in Apple Inc. v. Fintiv Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential).
Prolime is prepared to file the same stipulation on the Court’s docket in the Michigan case if this IPR is instituted.
The projected statutory deadline for the final written decision in this case is the end of June 2025.
“If, at the time of the institution decision, the district court has not issued orders related to the patent at issue in the petition, this fact weights against [institution].” Id. That is the case here IPR No. IPR2024-00236 Patent 9,873,638 and Factor 3 weighs against discretionary denial of this petition for IPR.
[Id.] If this IPR is instituted, it will be well underway by the time significant resources are expended for expert discovery and dispositive motions in the Michigan case.
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IPR2024-00236, No. 18 Other other - Petitioners Reply to Patent Owners Preliminary Response (P.T.A.B. Apr. 19, 2024)
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IPR2024-00236, No. 16 Notice Power of Attorney - Updated Power of Attorney for Prolime Agricultural LLC (P.T.A.B. Apr. 18, 2024)
PROLIME AGRICULTURAL, LLC and CAUDILL SEED AND WAREHOUSECoO., INC. Petitioners Vv.
IPR No. IPR2024-00236 Patent 9,873,638 Pursuant to 37 CFR § 42.10(b) the undersigned duly authorized representative of Prolime Agricultural LLC hereby appoints: Jessica Fleetham (Reg. No. 70,951 Steven Susser (admitted pro hac vice of Evia Law PLC, 32400 Telegraph, Ste.
103, Bingham Farms, MI 48025 (Customer Number 198968) as its attorneys to transact all business in the U.S. Patent and Trademark Office associated with the above-captioned inter partes review of U.S. Patent No. 9,873,638.
The individual signing below has the authority to execute this document on behalf of Petitioner Prolime Agricultural LLC By: OA Name: Robert V. Rogers Title: Owner and Member Apr 17, 2024 Date:
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IPR2024-00236, No. 16 Notice Power of Attorney - Updated Power of Attorney for Prolime Agricultural LLC (P.T.A.B. Apr. 18, 2024)
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IPR2024-00236, No. 15 Notice Updated Mandatory Notice - Petitioners Updated Mandatory Notices (P.T.A.B. Apr. 18, 2024)
Real Parties in Interest The real parties in interest for this petition are Prolime Agricultural, LLC and Caudill Seed and Warehouse Co., Ltd. No unnamed entity is funding, controlling, or directing this petition, or otherwise has an opportunity to control or direct this petition or Petitioners’ participation in any resulting inter partes review.
Related Matters This petition for inter partes review concerns U.S. Patent No. 9,873,638 (“the ‘638 Patent”).
An updated power of attorney for counsel is being filed with this Petition.
1 Though the defendant in the litigation is styled as Prolime Agriculture, LLC, the correct name of the company is Prolime Agricultural, LLC.
Prolime Agricultural, LLC is the defendant in the litigation and a Petitioner in this matter.
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IPR2024-00236, No. 15 Notice Updated Mandatory Notice - Petitioners Updated Mandatory Notices (P.T.A.B. Apr. 18, 2024)
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IPR2024-00236, No. 17 Notice Power of Attorney - Updated Power of Attorney for Caudill Seed and Warehouse Co, Inc (P.T.A.B. Apr. 18, 2024)
PROLIME AGRICULTURAL, LLC and CAUDILL SEED AND WAREHOUSE CoO., INC. Petitioners Vv.
IPR No. [PR2024-00236 Patent 9,873,638 Pursuant to 37 CFR § 42.10(b) the undersigned duly authorized representative of Caudill Seed and Warehouse Co., Inc. hereby appoints: Jessica Fleetham (Reg. No. 70,951 Steven Susser (admitted pro hac vice of Evia Law PLC, 32400 Telegraph, Ste.
103, Bingham Farms, MI 48025 (Customer Number 198968) as its attorneys to transact all business in the U.S. Patent and Trademark Office associated with the above-captioned inter partes review of U.S. Patent No. 9,873,638.
The individual signing below has the authority to execute this document on behalf of Petitioner Caudill Seed and Warehouse Co., Inc. By: SanfordDanCavalill Name: Sanford Dan Caudill Title: Director and Chief Operations Officer Apr 17, 2024 Date:
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IPR2024-00236, No. 17 Notice Power of Attorney - Updated Power of Attorney for Caudill Seed and Warehouse Co, Inc (P.T.A.B. Apr. 18, 2024)
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IPR2024-00236, No. 14 POPR filed - Patent Owners Preliminary Response (P.T.A.B. Mar. 22, 2024)
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IPR2024-00236, No. 14 POPR filed - Patent Owners Preliminary Response (P.T.A.B. Mar. 22, 2024)
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IPR2024-00236, No. 13 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Mar. 22, 2024)
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IPR2024-00236, No. 13 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Mar. 22, 2024)
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IPR2024-00236, No. 12 Notice Mandatory Notice - Notice Updated Mandatory Notice (P.T.A.B. Mar. 22, 2024)
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IPR2024-00236, No. 12 Notice Mandatory Notice - Notice Updated Mandatory Notice (P.T.A.B. Mar. 22, 2024)
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IPR2024-00236, No. 10 Notice Exhibit list - Petitioners Updated Exhibit List (P.T.A.B. Feb. 23, 2024)
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IPR2024-00236, No. 10 Notice Exhibit list - Petitioners Updated Exhibit List (P.T.A.B. Feb. 23, 2024)
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IPR2024-00236, No. 7 Notice Mandatory Notice - Notice Mandatory Notice (P.T.A.B. Dec. 19, 2023)
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IPR2024-00236, No. 7 Notice Mandatory Notice - Notice Mandatory Notice (P.T.A.B. Dec. 19, 2023)
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IPR2024-00236, No. 6 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Dec. 19, 2023)
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IPR2024-00236, No. 6 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Dec. 19, 2023)
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IPR2024-00236, No. 4 Notice Other - Mandatory Notices for Petitioners (P.T.A.B. Nov. 28, 2023)
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IPR2024-00236, No. 4 Notice Other - Mandatory Notices for Petitioners (P.T.A.B. Nov. 28, 2023)
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IPR2024-00236, No. 1 Petition as filed - PETITION FOR INTER PARTES REVIEW OF PATENT NO 9,873,638 (P.T.A.B. Nov. 28, 2023)
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IPR2024-00236, No. 1 Petition as filed - PETITION FOR INTER PARTES REVIEW OF PATENT NO 9,873,638 (P.T.A.B. Nov. 28, 2023)
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