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From:
`To:
`Cc:
`Subject:
`Date:
`
`Trials
`White, Ryan O.
`Jodi-Ann McLane; John T. McInnes; Krieger, Daniel J.; Alissa A. Digman
`RE: IPR2018-01311-Haag Streit v. Eidolon
`Monday, April 15, 2019 12:08:24 PM
`
`Counsel:
`Having considered the positions of the parties on the issues raised, we:
`(1) grant Patent Owner’s request to file a Corrected Patent Owner’s Response;
`(2) deny Patent Owner’s request to expunge the original Patent Owner’s Response
`(Paper 15); and
`(3) grant Patent Owner’s request to expunge the version of Ex. 2012 that was filed
`April 11, 2019 (i.e., the Declaration of Michael Lebby, Ph.D.).
`
`Patent Owner should file the Corrected Patent Owner’s Response on or before April 17,
`2019. To ensure a clear and thorough record, we will issue a brief order addressing the rulings
`above.
`
`Thank you,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`
`From: White, Ryan O. <RWhite@taftlaw.com>
`Sent: Friday, April 12, 2019 1:01 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Jodi-Ann McLane <jodi@mcmcip.com>; John T. McInnes <john@mcmcip.com>; Krieger, Daniel J.
`<DKrieger@taftlaw.com>; Alissa A. Digman <Alissa@mcmcip.com>
`Subject: RE: IPR2018-01311-Haag Streit v. Eidolon
`
`Your Honors:
`
`The Petitioner does not oppose to the Patent Owner refiling a corrected version of its
`Response for the limited purposes described in its initial email request (i.e., to correct
`clerical errors made with respect to the citations to the exhibits and the Declaration of
`Michael Lebby Ph.D); however, the Petitioner does object to the expungement of any
`documents contained within the record.
`
`Best regards,
`
`
`001
`
`IPR2018-01311
`Ex. 3001
`
`

`

`Ryan
`
`Taft /
`
`Ryan O. White / Partner
`Registered Patent Attorney, U.S. Patent and Trademark Office
`Taft Stettinius & Hollister LLP
`One Indiana Square, Suite 3500
`Indianapolis, Indiana 46204
`Tel: 317.713.3500 • Fax: 317.713.3699
`Direct: 317.713.3455 • Cell: 317.607.8178
`www.taftlaw.com / RWhite@taftlaw.com / LinkedIn
`
`Taft Bio
`
`Taft vCard
`
`Subscribe to our law updates
`
`
`
`This message may contain information that is attorney-client privileged, attorney work product or
`otherwise confidential. If you are not an intended recipient, use and disclosure of this message are
`prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete
`the message and any attachments.
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Friday, April 12, 2019 12:22 PM
`To: Alissa A. Digman <Alissa@mcmcip.com>
`Cc: Jodi-Ann McLane <jodi@mcmcip.com>; John T. McInnes <john@mcmcip.com>; McPhail, Donald
`R. <dmcphail@taftlaw.com>; White, Ryan O. <RWhite@taftlaw.com>; Krieger, Daniel J.
`<DKrieger@taftlaw.com>
`Subject: RE: IPR2018-01311-Haag Streit v. Eidolon
`
`Counsel for Petitioner,
`Please provide, via reply email, whether or not Petitioner opposes Patent Owner’s requests outlined
`below.
`
`Counsel for both parties,
`To the extent that either party, in the future, seeks Board authorization to file a motion or to obtain
`relief similar to that outlined below, please ensure to satisfy the meet and confer requirement in this
`proceeding (see Paper 10 § A.3), and provide, in any email to the Board on such issues, the
`understood position of the opposing party as to the request.
`
`Thank you,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`002
`
`IPR2018-01311
`Ex. 3001
`
`

`

`
`
`From: Alissa A. Digman <Alissa@mcmcip.com>
`Sent: Friday, April 12, 2019 11:28 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Jodi-Ann McLane <jodi@mcmcip.com>; John T. McInnes <john@mcmcip.com>;
`dmcphail@taftlaw.com; rwhite@taftlaw.com; dkrieger@taftlaw.com
`Subject: IPR2018-01311-Haag Streit v. Eidolon
`
`Dear Board:
`
`Patent Owner respectfully requests leave to refile a corrected version of its Response, Document No.
`15 and filed on April 11, 2019, to correct the clerical errors made with respect to the citations to the
`exhibits and in particular the Declaration of Michael Lebby Ph.D. The only changes requested to be
`made are with respect to the citations to the exhibits.
`
`If leave to refile is granted, Patent Owner respectfully requests that Document No. 15 be expunged
`from the record.
`
`Patent Owner also respectfully requests that the Exhibit No. 2012 entitled Declaration of Michael
`Lebby Ph.D and filed on April 11, 2019 be expunged from the record as this is a duplicate of the
`document at Exhibit No. 2033 and a different document at Exhibit No. 2012 already exists.
`
`Best Regards,
`
`Alissa Digman
`
`Alissa A. Digman
`McInnes & McLane, LLP
`318 W. Adams St., Suite 1616
`Chicago, IL 60606
`312-283-3667 (office)
`972-352-9382 (cell)
`
`alissa@mcmcip.com
`
`
`
`Visit us at http://mcmcip.com
`
`THIS MESSAGE MAY CONTAIN ATTORNEY WORK PRODUCT
`
`
`003
`
`IPR2018-01311
`Ex. 3001
`
`

`

`This e-mail message is generated from the law firm of McInnes & McLane, LLP and contains
`information that is confidential and may be privileged as an attorney/client communication or as
`attorney work product. The information is intended to be disclosed solely to the addressee(s). No
`waiver of this privilege is intended by the inadvertent transmittal of such communication to any
`persons or company other than the intended recipient. If you are not the intended recipient, be
`aware that any disclosure, copying, distribution or use of the contents of this email information is
`prohibited. If you have received this email in error, please notify the sender by return email and
`delete it from your computer system.
`
`
`
`Smokeball Reference: f2ceedff-8237-4fed-96bd-5baed63d224d/69de40ed-cd30-4a2a-9427-d8076f448caa.
`
`004
`
`IPR2018-01311
`Ex. 3001
`
`

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