`Sent: Tuesday, January 13, 2015 6:15 PM
`To: Brian Buchheit; #AskeladdenIPR
`Cc: Sean McGhie
`Subject: RE: Petition Real Party of Interest Question [IWOV-FCHS_WS.FID7489794]
`
`
`Brian,
`
`
`Over the course of our email exchanges, the Petitioner has attempted to understand Patent Owners’
`positions and to respond in good faith to a lengthy series of questions and requests. Through these
`interactions, the Petitioner provided information far beyond what the rules require, so that the Patent
`Owners would have sufficient information.
`
`
`The Patent Owners’ strategy appears to have shifted in your most recent emails towards attempting to
`build an inaccurate record. The email “summary” provided below is inaccurate and is not a fair
`reflection of the information that you already have in your possession. We have provided extensive
`information regarding Askeladden’s autonomy in these IPR proceedings, but that information is not
`reflected at all in the email below. Further, the “summary” ignores information that we have provided
`and asserts that Askeladden is taking positions that it has never taken.
`
`
`For example, you state as a “fact” that “[t]he Petitioner asserts that [Askeladden and The Clearing House
`Payments Company] are legally separate entities and that from their perspective that is sufficient
`separation that results in . . . Payments Company (TCH) not being a real party in interest.” That is not an
`accurate summary of the position that has been expressed to you. In response to your queries, we
`provided Patent Owners with substantial information regarding the separation between Askeladden LLC
`and The Clearing House Payments Company with respect to these IPRs. We have also informed Patent
`Owners that neither The Clearing House Payments Company nor any bank participated in the selection
`of patents, the decision to file these IPRs, or in determining the content of the petitions. As reflected
`below, our position that The Clearing House Payments Company is not a real party in interest is based
`on those facts, not simply corporate entity status. In case this was not clear from our prior
`correspondence, Askeladden expressly insists that no such input be provided from any other entity and
`would be barred from considering any such input were it offered.
`
`
`Patent Owners cannot simply make a series of assumptions and treat them as facts. As you are likely
`aware, misrepresentation of facts is inappropriate. See 37 CFR § 42.12. We will not continue to waste
`resources responding to numerous sets of hypothetical facts and faulty assumptions.
`
`
`Sincerely,
`Justin
`
`
`
`Justin J. Oliver
`
`FITZPATRICK, CELLA, HARPER & SCINTO
`975 F Street, NW
`Washington, DC 20004-1462
`T 202-721-5423
`F 202-530-1055
`JOliver@fchs.com
`
`
`
`http://www.fitzpatrickcella.com
`Bio
`
`
`
`
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