From: Siddiqui, Saqib <SSiddiqui@mayerbrown.com>
`Sent: Thursday, December 29, 2016 5:48:37 PM
`To: Trials
`Cc: Rosenthal, Brian A.; Patrick Zuili
`Subject: CBM2016-00021 & CBM2016-00022 - request for authorization to file motion
`
`
`
`Honorable Patent Trial and Appeal Board:
`
`
`
`Petitioner in cases CBM2016-0021 and -0022 hereby requests authorization to file a motion under 37
`C.F.R. § 42.5(c)(2) for an extension of Due Date 4 or in the alternative under 37 C.F.R. § 42.5(c)(3) to
`excuse Petitioner’s filing of its Request for Oral Argument that was due on December 22, 2016 but was
`filed 11 hours late on the morning of December 23, 2016 (Paper No. 34).
`
`
`
`Petitioner intends to demonstrate that good cause exists for the relief sought. While Petitioner
`acknowledges it missed the deadline, the reason for the missed deadline was that lead counsel for
`Petitioner (Saqib Siddiqui) was called home unexpectedly on the afternoon of December 22 to care for
`his two-year-old son in view of a medical emergency with his mother-in-law, and in the ensuing
`commotion neglected to file the already-prepared request until the following morning. Petitioner is
`prepared to elaborate on the details of these events (including supporting medical documentation) in
`the requested motion.
`
`
`
`Petitioner also notes that it previously emailed the Board on December 23, 2016 informally requesting
`that the Board accept the late filing. This course of action was recommended by PTAB supervisory
`paralegal Andrew Kellogg. On the morning of December 23, Mr. Kellogg called Mr. Siddiqui regarding
`another matter related to these petitions. Mr. Siddiqui advised Mr. Kellogg of the late filings and asked
`whether a motion should be filed to rectify the situation. Mr. Kellogg advised that the late filing was
`very likely not going to be an issue, that no such motion should be necessary and that instead an
`informal email should resolve the issue. The Board denied the request on December 27 (Paper No. 35).
`Thus, Petitioner now seeks authorization to file a formal motion, given the gravity of the situation and
`the prejudice that would result to Petitioner if it does not obtain the requested relief.
`
`
`
`Petitioner also intends to demonstrate in the requested motion that no prejudice will result by granting
`Petitioner relief from the missed deadline. Patent Owner cannot claim prejudice from receiving the
`Request for Oral Argument 11 hours after it was due. This is especially true where Patent Owner
`already contemplated that a hearing would take place in these petitions because he requested Judges
`
`

`
`Easthom, Daniels and White consolidate the hearings with that of CBM2016-0008 during a call on
`November 16, 2016.
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`
`
`Petitioner also notes that Patent Owner has repeatedly been excused from compliance with various
`PTAB rules in these proceedings, including when Patent Owner missed the deadline to file objections to
`evidence. While of course Petitioner recognizes that Patent Owner is acting pro se and does not expect
`the same accommodations, it would seem unfair and contrary to the goal of adjudicating this petition on
`the merits to deny Petitioner the relief it seeks given the nature and circumstances of Petitioner’s non-
`compliance here.
`
`
`
`As such, Petitioner requests authorization to file a motion so that it can fully set forth the basis for an
`extension or in the alternative for relief from missing Due Date 4.
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`
`Petitioner is available at any time in December or the first week of January for a call to discuss the
`subject of this email.
`
`
`
`Best regards,
`
`Saqib Siddiqui
`
`
`
`Saqib J. Siddiqui
`
`Attorney at Law
`
`Mayer Brown, LLP
`
`1999 K Street Northwest, Washington, DC 20006
`
`Tel:+1-202-263-3167 | Cell:+1-202-664-3528 | SSiddiqui@mayerbrown.com |
`http://www.mayerbrown.com/
`
`
`
`__________________________________________________________________________
`
`

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