`From:
`Trials <Trials@USPTO.GOV>
`Sent:
`Friday, May 27, 2022 9:00 AM
`To:
`Jon Wright; Trials
`Cc:
`Dohm Chankong; Lestin Kenton; Canavera, Kyle Ryan (SDO); Riedinger, Jerry A. (SEA); David Gosse;
`Ancora-IPR@fitcheven.com; Melanie Fasano; Nicholas Peters; PTAB Account
`RE: Motion for Additional Discovery in IPR2021-01406 and IPR2021-01338
`
`Subject:
`
`Counsel: Petitioner for each identified proceeding is authorized to file, within 5 business days, a motion for additional
`discovery, as described below in Petitioners’ email, for “unproduced licenses referenced in Patent Owner’s Responses and
`in Exhibit 2030.” Each motion for additional discovery is limited to 10 pages.
`
`Thank you,
`
`Maria King
`Deputy Chief Clerk for Trials
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`703‐756‐1288
`
`From: Jon Wright <JWRIGHT@sternekessler.com>
`Sent: Friday, May 27, 2022 10:13 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Jon Wright <JWRIGHT@sternekessler.com>; Dohm Chankong <DCHANKONG@sternekessler.com>; Lestin Kenton
`<LKENTON@sternekessler.com>; Canavera, Kyle Ryan (SDO) <KCanavera@perkinscoie.com>; Riedinger, Jerry A. (SEA)
`<JRiedinger@perkinscoie.com>; David Gosse <DGosse@fitcheven.com>; Ancora‐IPR@fitcheven.com; Melanie Fasano
`<MFasano@fitcheven.com>; Nicholas Peters <ntpete@fitcheven.com>; PTAB Account <PTAB@sternekessler.com>
`Subject: RE: Motion for Additional Discovery in IPR2021‐01406 and IPR2021‐01338
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on
`links, or opening attachments.
`
`Re: USPN 6,411,941 // IPR2021‐01406 (Roku/Vizio v. Ancora) // IPR2021‐01338 (Nintendo v Ancora) before APJs Dang,
`Chang, and Cherry
`
`Honorable Board,
`
`Petitioners Roku/Vizio and Petitioner Nintendo seek authorization to file a motion for additional discovery in each of
`their respective IPRs against Patent Owner Ancora’s 941 patent. Though the proceedings are separate, Petitioners make
`this identical request jointly for efficiency and consistency.
`
`Specifically, Petitioners in each proceeding are seeking discovery of unproduced licenses referenced in Patent Owner
`Ancora’s Responses and in Exhibit 2030. See e.g., IPR2021‐01406, POR [Confidential] at pp. 69, 70; EX2030
`[Confidential],¶ 7. Based on the public record, moreover, it appears as if Ancora has reached settlement agreements
`with at least TCL, Sony, and Motorola/Lenovo that have not been produced in these proceedings.
`
`1
`
`Nintendo - Ancora Exh. 1018
`
`
`
`Petitioners and Patent Owner have met and conferred. Patent Owner Ancora will not oppose a motion for additional
`discovery. The motion is needed because Patent Owner Ancora has represented that confidentiality provisions of certain
`license agreements prevent it from producing them absent an order from an official tribunal. The Board’s grant of a
`motion for additional discovery would resolve Patent Owner Ancora’s apparent production hurdle.
`
`The proposed Protective Order that Ancora filed with its PORs in each proceeding, if entered by the Board, would cover
`any produced confidential license agreements, and the parties therefore ask that it be entered.
`
`The parties are available for a conference call should one be deemed necessary.
`
`Best regards,
`Jon Wright
`Lead Counsel for Roku/VIZIO
`
`
`
` Jon Wright
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW, Washington, DC 20005
`
`
`
`Email: jwright@sternekessler.com
`Direct: 202.772.8651
`Administrative Assistant: Jeane-Yve Daniel
`Main: 202.371.2600 Direct: 202.772.8642
`
`
`
`
`
`
`2
`
`Nintendo - Ancora Exh. 1018
`
`