Gilman, Timothy K.
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Scott McKeown <SMcKeown@oblon.com>
`Tuesday, September 09, 2014 5:13 PM
`'Berl, David (DBerl@wc.com)'; 'Suarez, Christopher (CSuarez@wc.com)'
`Christopher A. Bullard
`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`
`Mr. Berl,
`
`In PGS’ September 4, 2014 Responses to WesternGeco’s Interrogatories, you identify a number of emails, meetings, and
`voicemails involving Kevin Hart concerning the validity of WesternGeco’s patents. In your responses, you identify Mr.
`Hart as “PGS [i.e., Petitioner Petroleum Geo-Services, Inc.] in-house counsel” and as acting “on behalf of ‘PGS/Irell.’” In
`other correspondence, however, Mr. Hart identifies himself as “an employee of PGS Americas, Inc.”, not PGS, and
`explicitly states he is not an employee of Petitioners PGS Geophysical AS or Petroleum Geo-Services ASA. (PGSI-T2725-
`WG-0046642) Mr. Hart also appears to have been the one to retain Irell to represent PGS regarding the validity of
`WesternGeco’s patents. (E.g., PGSI-T2725-WG-0046637) He is involved in communications with ION about PGS’ IPR
`petitions. (PGSI-T2775-WG-0047296) And Mr. Hart had involvement in the purchase of DigiFIN infringements from
`ION, and negotiating indemnity from ION therefor. (E.g., PGSI-T2725-WG-0047225)
`
`Based on your responses, PGS Americas, Inc. is acting on behalf of (or controlling) the Petitioners with regard to the
`validity of WesternGeco’s patents in these IPRs. PGS Americas, Inc. is therefore an unnamed RPI regarding PGS’
`petitions, and those petitions are accordingly defective as filed and cannot be considered by the Board.
`
`Please let me know if PGS will re-file its mandatory notices to correct this defect. At a minimum, if PGS will amend its
`defective disclosures, we can discuss a modest adjustment of the existing schedule based on the new filing date to allow
`WesternGeco a fair opportunity to address these new developments and seek clarifying discovery, if necessary. Given
`the short time remaining under the existing schedule, please respond by Wednesday Thursday (9/10) whether PGS will
`agree, and we can jointly follow up with the Board on Thursday or Friday to plan a path forward accordingly.
`
`
`Scott A. McKeown
`Attorney at Law
`
`1940 Duke Street
`Alexandria, Virginia 22314
`Direct Dial: 703.412.6297
`Fax: 703.413.2220
`smckeown@oblon.com
`
`
`
`Oblon, Spivak, McClelland,
`Maier & Neustadt, L.L.P.
`www.oblon.com
`
`
`
`1
`
`WESTERNGECO Exhibit 2025, pg. 1
`PGS v WESTERNGECO
`IPR2014-01478
`
`