`To:
`Cc:
`
`Subject:
`Date:
`
`Hines, Lisa
`Trials
`RussT@SeedIP.com; Ryan Loveless; Jim Etheridge; Brian Koide; Jeff Huang; brett@etheridgelaw.com;
`travis@etheridgelaw.com; Arner, Erika; Goldberg, Joshua; Stach, Jason; Chang, Shawn; Hines, Lisa
`Request to Dismiss IPR2020-00765
`Monday, March 30, 2020 5:40:31 PM
`
`Good afternoon,
`
`Counsel for Petitioner Google LLC writes to request the Board dismiss IPR2020-00765 as
`unnecessary in view of IPR2020-00755 and refund the filing fees. Petitioner filed the petition on
`Saturday, March 28, 2020, as a duplicate of IPR2020-00755, out of an abundance of caution to
`ensure the service requirements of 37 C.F.R. §§ 42.6(e)(1) were met. Petitioner had previously filed
`the petition as IPR2020-00755 on Friday, March 27, 2020, including with the petition a Motion to
`Waive 37 C.F.R. §§ 42.6(e)(1), 42.105(b) and Accept as Sufficient Electronic Service on Patent Owner.
`Counsel for the Petitioner, Joshua Goldberg, sent a follow up email the same day (Friday, March 27,
`2020) per the Board’s request, to trials@uspto.gov informing the Board that the motion was
`pending. The petition was served via email on counsel of record for the patent owner on Friday,
`March 27, 2020. When Petitioner did not receive a response from the Board on Friday regarding the
`Motion to Waive, they filed IPR2020-00765 and served the petition via FedEx on counsel of record
`for the patent on Saturday, March 28, 2020, to meet the physical service requirements of 37 C.F.R.
`§§ 42.6(e)(1). On Monday, March 30, 2020, the Board filed an Order Granting Petitioner’s Motion to
`Waive 37 C.F.R. §§ 42.6(e)(1), 42.105(b) and Accept as Sufficient Electronic Service on Patent Owner.
`In light of this order, Petitioner requests that IPR2020-00765 be dismissed as unnecessary and the
`filing fees be refunded.
`
`
`Regards,
`
`Lisa Hines on behalf of Joshua Goldberg, Back-up Counsel for Petitioner
`
`Lisa Hines
`Litigation Legal Assistant
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`11955 Freedom Drive, Reston, VA 20190
`571.203.2743| cell 202.236.1267| fax 202.408.4400|
`lisa.hines@finnegan.com | www.finnegan.com
`
`
`
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