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`Case No IPR2015-00498
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`ACCLARENT, INC.,
`Petitioner
`
`v.
`
`Ford Albritton, IV,
`Patent Owner
`
`___________________
`
`Case IPR2017-00498
`Patent No. 9,011,412 B2
`___________________
`
`PATENT OWNER’S NOTICE OF DEPOSITION OF
`DR. HOWARD L. LEVINE
`
`
`
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`
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case No IPR2015-00498
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`Please take notice that pursuant to 37 C.F.R. § 42.53, the Patent Owner, Ford
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`Albritton, IV, will conduct a telephonic cross-examination of Dr. Howard L.
`
`Levine, on March 14, 2018 at 9:30 am, with the Board’s permission,1 or at another
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`date on or before March 13, 2018, to be agreed by the parties. In accordance with
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`37 C.F.R. § 42.53(d)(1), the parties have conferred regarding an agreeable date and
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`time for Dr. Levine’s deposition. The deposition will be taken telephonically and
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`Dr. Levine will testify before a Notary Public or other officer authorized by law to
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`administer oaths. The testimony will be recorded by stenographic means.
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`
`
`Dated: February 27, 2018
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`Respectfully submitted,
`
`By: /s/ Ashley N. Moore
`
`Ashley N. Moore (Reg. No. 51,667)
`
`amoore@mckoolsmith.com
`Travis DeArman (admitted pro hac vice)
`
`
`tdearman@mckoolsmith.com
` Meredith Elkins (admitted pro hac vice)
`
`melkins@mckoolsmith.com
`
`
` McKOOL SMITH, P.C.
`
`300 Crescent Court Suite 1500
`
`Dallas, TX 75201
`
`Telephone: (214) 978-4000
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`Telecopier: (214) 978-4044
`
`Counsel for Patent Owner, Dr. Ford
`Albritton IV
`
`
`
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`1 Patent Owner requested permission from trials@uspto.gov for a one-day extension to the prescribed cross-
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`examination period to accommodate Dr. Levine’s schedule.
`1
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`
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`Case No IPR2015-00498
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`CERTIFICATE OF SERVICE
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`A copy of the foregoing has been served on Petitioner via electronic mail at
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`the following correspondence address:
`
`
`
`
`Lisa Adams
`Reg. No. 44,238
`Mintz Levin Cohn Ferris
`Glovsky and Popeo PC
`One Financial Center
`Boston, MA 02111
`T: (617) 348-3054
`F: (617) 542-2241
`ladams@mintz.com
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`
`
`
`
`Dated: February 27, 2018
`
`
`
`
`
`
`
`Peter Cuomo,
`Reg. No. 58,481
`Mintz Levin Cohn Ferris Glovsky
`and Popeo PC
`One Financial Center
`Boston, MA 02111
`T: (617) 348-1854
`F: (617) 542-2241
`pjcuomo@mintz.com
`
`
`
`
`
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`Respectfully submitted,
`
`By: /s/ Ashley N. Moore
`
`Ashley N. Moore (Reg. No. 51,667)
`
`
`Counsel for Patent Owner, Dr. Ford
`Albritton IV
`
`2
`
`
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