`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`LIVEPERSON, INC.
`Petitioner
`v.
`24/7 CUSTOMER, INC.
`Patent Owner
`__________
`
`Case IPR2017-00609, -00610, -00612, -00613, -00614, -00615, and -00616
`Patent Nos. 6,970,553, 9,077,804, 7,751,552, 7,027,586, 6,975,719, 7,245,715,
`6,798,876
`__________
`
`Panel: To Be Determined
`__________
`
`
`STIPULATION ON DISCOVERY OF EXPERT MATERIALS
`
`Patent Owner 24/7 Customer, Inc. (“[24]7”) and Petitioner LivePerson, Inc.
`
`(“LivePerson”), each a “Party” to the following litigations—24/7 Customer, Inc.
`
`and 24/7 Customer International Holdings, Ltd. v. LivePerson, Inc., 3:15-CV-
`
`05585-JST (N.D. Cal.), 24/7 Customer, Inc. and 24/7 Customer International
`
`Holdings, Ltd v. LivePerson, Inc., 3:15-CV-02897-JST (N.D. Cal.), and
`
`LivePerson, Inc. v. 24/7 Customer, Inc., 3:17-cv-01268-JST (N.D. Cal.),
`
`collectively (the “Related District Court Proceedings”)—and to inter partes
`
`
`
`review proceedings Nos. IPR2017-00609, -00610, -00612, -00613, -00614,
`
`-00615, and -00616 (the “Related IPR Proceedings”), stipulate as follows:
`
`All discovery in the Related District Court Proceedings and/or the Related
`
`IPR Proceedings with respect to experts or consultants retained by either Party for
`
`the Related IPR Proceedings shall be governed by the Federal Rules of Civil
`
`Procedure as if the expert were providing testimony and/or expert consulting
`
`services as provided by Federal Rule of Civil Procedure 26.
`
`All discovery in the Related District Court Proceedings and/or the Related
`
`IPR Proceedings with respect to expert declarations prepared by either Party for
`
`the Related IPR Proceedings shall be governed by the Federal Rules of Civil
`
`Procedure as if the expert declaration was an expert report or disclosure as
`
`provided by Federal Rule of Civil Procedure 26.
`
`
`
`
`Dated:
`
`
`
`
`April 24, 2017
`
`
`
`O’MELVENY & MYERS LLP
`
`/s/ Mark E. Miller
`
`Mark E. Miller
`USPTO Reg. No. 31,401
`O’Melveny & Myers LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111-3823
`Telephone (415) 984-8700
`markmiller@omm.com
`
`Attorney for Patent Owner
`
`2
`
`
`
`
`
`Dated:
`
`
`
`
`April 24, 2017
`
`
`
`
`
`
`
`
`KIRKLAND & ELLIS LLP
`
`/s/ Robert Kang
`
`Robert Kang
`USPTO Reg. No. 59,609
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Telephone (415) 439-1915
`
`Attorney for Petitioner
`
`3
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) and § 42.105 that
`
`on April 24, 2017, a true and correct copy of STIPULATION ON DISCOVERY
`
`OF EXPERT MATERIALS for Case IPR2017-00609, -00610, -00612, -00613, -
`
`00614, -00615, and -00616 (Patent Nos. 6,970,553, 9,077,804, 7,751,552,
`
`7,027,586, 6,975,719, 7,245,715, 6,798,876) was served electronically on the
`
`following counsel of record for Petitioner at the following email addresses:
`
`LivePerson-24-7Team@kirkland.com
`
`Robert Kang (Reg. No. 59,609)
`robert.kang@kirkland.com
`Kristen Reichenbach (Reg. No. 61,162)
`kristen.reichenbach@kirkland.com
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`
`Eugene Goryunov (Reg. No. 61,579)
`eugene.goryunov@kirkland.com
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, IL 60654
`
`
`Respectfully submitted,
`/Mark E. Miller/
`Mark E. Miller (Reg. No. 31,401)
`O’ Melveny & Myers LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111-3823
`Telephone: (415) 984-8700
`Facsimile: (415) 984-8701
`
`Counsel for Patent Owner
`
`4
`
`
`
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