`Sent: Friday, June 19, 2020 9:58 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: 'Jonathan.Strang@lw.com' <Jonathan.Strang@lw.com>; 'Clement.Naples@lw.com' <Clement.Naples@lw.com>;
`Haug, Ed <EHaug@haugpartners.com>; Murphy, Brian P. <BMurphy@haugpartners.com>
`Subject: IPR2019‐01539 (Judges Grossman, Cherry, and Dougal)
`
`Dear Honorable Board:
`
`We write on behalf of Bentley Motors, Limited and Bentley Motors Inc. (“Petitioner”). On March 27, Bentley
`filed a Request for Rehearing in response to the panel’s March 10 discretionary denial of institution in
`IPR2019-01539. Petitioner also requested Precedential Opinion Panel (“POP”) review. On June 16, POP
`review was denied and it was further ordered that this panel maintain authority including over the submitted
`rehearing request.
`
`We write to call to the Board’s attention the attached June 16, 2020 decision in IPR2019-01393, wherein the
`panel reversed its discretionary denial decision after POP review was denied and the parties were provided an
`opportunity to address the Apple v. Fintiv factors, which were recently designated as precedential on May 5,
`2020. Sand Revolution v. Continental, IPR2019-01393, Paper 24 (PTAB, June 16, 2020). We also note that
`similar to the facts in the attached decision, the status of the related JLR v. Bentley district court litigation has
`changed since the Board’s original decision. For instance, the October 13, 2020 trial date has now been
`rescheduled for February 23, 2021.
`
`Respectfully submitted,
`
`Robert E. Colletti
`Partner
`
`Haug Partners LLP
`745 Fifth Avenue
`New York, NY 10151
`+1 212.588.0800 Main
`+1 212.863.2117 Direct
`
`rcolletti@haugpartners.com
`www.haugpartners.com
`
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