`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Trials
`Tuesday, October 03, 2017 4:37 AM
`Homere, Jean; Medley, Sally; Clements, Matthew
`Trials
`FW: IPR2016-01621/01622/01623
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Flagged
`
`Please see below
`
`Thanks
`Andrew
`
`From: Kenneth Weatherwax [mailto:weatherwax@lowensteinweatherwax.com]
`Sent: Tuesday, October 03, 2017 4:35 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: hoffman@fr.com; Kenneth Hoover <hoover@fr.com>; Nathan Lowenstein
`<lowenstein@lowensteinweatherwax.com>
`Subject: IPR2016‐01621/01622/01623
`
`To the Honorable Board:
`
`In the above cases, Patent Owner respectfully requests an opportunity to discuss Board authorization for Patent Owner
`and Petitioner to each submit up to five pages of briefing on the constitutionality of canceling claims in inter partes
`review, if the Board desires that the parties address that question in light of the grant of certiorari in Oil States Energy
`Services, LLC v. Greene’s Energy Group, LLC, No. 16‐712 (U.S. June 12, 2017). Petitioner states it opposes such briefing.
`
`The parties’ briefs on the challenged claims preceded the certiorari grant and did not address the question. Patent
`Owner does not intend the present request to raise the issue of whether such arguments have been preserved as of
`right, but only whether in the circumstances the Board desires the parties to address the constitutionality question.
`
`
`The parties have already indicated their availability for a call in ‐01622. It is suggested that the discussion requested
`here could be held as part of that call.
`
`
`Respectfully submitted,
`
`Kenneth Weatherwax | Lowenstein & Weatherwax LLP
`1880 Century Park East, Suite 815
`Los Angeles, California 90067
`Office: 310.307.4503
`
`
`1
`
`
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