From:
`To:
`Cc:
`Subject:
`Date:
`
`Kannappan, Deepa
`Trials
`zLiquidiaIPR; UTC-901@foley.com
`IPR2020-00770 || Petitioner"s Request for Conference Call to Request Authorization to File Motion to Strike
`Wednesday, April 28, 2021 6:11:17 PM
`
`CAUTION: This email has originated from an external entity. PLEASE CONSIDER THE SOURCE before responding,
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`
`Good Afternoon,
`
`Petitioner requests a conference call with the Board to request authorization to file a motion to
`strike portions of Patent Owner’s papers. Specifically, Petitioner requests leave to file a motion to
`strike seeking the following relief:
`1. Deny Patent Owner the right, as requested in its Sur-Reply, to “withdraw” UTC’s “statements”
`from its Patent Owner Response regarding isolation of the treprostinil intermediate prior to
`salt formation, as prejudicial due to their late timing and unclear. Or, in the alternative, strike
`Patent Owner’s construction in its POR of the phrase “contacting the solution comprising
`treprostinil from step(b) with a base to form a salt of treprostinil” requiring no isolation prior
`to salt formation (POR, 11) and strike all arguments in the Patent Owner Response, expert
`declarations (Exhibits 2002, 2025), and Sur-Reply relying on the POR’s proposed construction.
`2. Strike portions of the Patent Owner Response, expert declarations (Exhibits 2002, 2025), and
`Sur-Reply requiring actual storage under claims 6 and 7, because UTC’s claim construction
`expert in the parallel district court proceedings testified (Exhibit 2034) that no actual storage
`was required by the claim language.
`Petitioner believes briefing of the dispute (and detailed identification of the specific portions of the
`papers and exhibits at issue) would be helpful to the Board, rather than waiting to raise the issues at
`oral argument.
`
`Petitioner conferred with Patent Owner, and Patent Owner has stated it will oppose. Counsel for
`Patent Owner and Petitioner are available for a call with the Board on:
`April 29 after 1pm ET;
`April 30 before 11am ET; or
`April 30 after 3pm ET.
`
`Sincerely,
`Deepa Kannappan
`Counsel for Petitioner
`(Admitted pro hac vice)
`
`Deepa Kannappan
`Cooley LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`+1 650 843 5673 office
`+1 650 849 7400 fax
`dkannappan@cooley.com
`
`IPR2020-00770
`Ex. 3001
`
`

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