`To:
`Cc:
`
`Subject:
`Date:
`
`Trials
`Colin.Heideman
`Vincent Rubino; Peter Lambrianakos; Enrique Iturralde; zhong@zhong-law.com; Joe.Re; Joshua.Stowell;
`Jeremy.Anapol; BoxSEAZNL1608LP
`RE: IPR2020-00864: Amazon.com, Inc. v. Vocalife LLC (U.S. Pat. No. RE47,049)
`Thursday, October 22, 2020 12:38:33 PM
`
`Counsel,
`
`We authorize each party to file a two-page supplemental brief limited to the issue of
`discretionary denial under § 314(a) by 6:00 pm Eastern on Friday, October 23, 2020. No
`conference call is necessary.
`
`Thank you,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`
`
`From: Colin.Heideman <Colin.Heideman@knobbe.com>
`Sent: Friday, October 16, 2020 2:02 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Vincent Rubino <vrubino@fabricantllp.com>; Peter Lambrianakos
`<plambrianakos@fabricantllp.com>; Enrique Iturralde <eiturralde@fabricantllp.com>;
`zhong@zhong-law.com; Joe.Re <Joe.Re@knobbe.com>; Joshua.Stowell
`<Joshua.Stowell@knobbe.com>; Jeremy.Anapol <Jeremy.Anapol@knobbe.com>; BoxSEAZNL1608LP
`<BoxSEAZNL1608LP@knobbe.com>
`Subject: IPR2020-00864: Amazon.com, Inc. v. Vocalife LLC (U.S. Pat. No. RE47,049)
`
`Dear PTAB,
`
`Petitioner Amazon.com, Inc. respectfully requests authorization for each party to file a supplemental
`2-page brief to correct statements made in the parties’ prior briefing (Papers 10, 12) regarding the
`co-pending litigation.
`
`On August 3, 2020, the Board authorized supplemental briefing relating to discretionary denial
`under Section 314(a) in view of the co-pending litigation. (Paper 9.) The parties filed supplemental
`briefs on August 10th and 17th. (Papers 10, 12.) The district court litigation proceeded to trial on
`October 1st. Patent Owner asserted only claims 1 and 8 at trial and, as a result, the validity of only
`claims 1 and 8 under 35 U.S.C. §§ 101, 103, and 112 were tried to the jury. On October 8th, the jury
`found claims 1 and 8 of the ’049 patent not invalid.
`
`Petitioner respectfully requests authorization for each party to file a supplemental brief on the issue
`
`
`
`of discretionary denial to correct inaccuracies in the current record regarding the claims and prior
`art references considered by the jury. For example, the parties’ prior briefing indicated that 8 claims
`would be tried to the jury (see Paper 10 at 2); however, only 2 claims were actually tried. The
`parties’ briefing also indicated that the jury would consider invalidity arguments based on Saric,
`which is the primary reference in Petition Grounds 1a-1e. (See Paper 12 at 1.) However, Saric was
`never presented as an invalidity reference at trial and therefore the obviousness grounds presented
`in Ground 1a-1e of the Petition have never been considered.
`
`Patent Owner opposes Petitioner’s request and has stated that it disputes Petitioner’s
`characterization above. Accordingly, and in view of the rapidly approaching institution deadline,
`Amazon respectfully requests that the Board authorize each party to file a 2-page supplemental brief
`limited to the issue of discretionary denial under § 314(a) by 6:00pm Eastern on Tuesday, October
`20, 2020.
`
`The parties are available on Monday, October 19th or Tuesday, October 20th for a conference call
`with the Board if the Board determines that such a call is necessary.
`
`-Colin Heideman
`Counsel for Petitioner
`
`Colin Heideman
`Partner
`(206) 405-2016 Direct
`Knobbe Martens
`925 Fourth Ave., Suite 2500
`Seattle, WA 98104
`
`
`
`NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and
`privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not
`the intended recipient, please contact the sender by reply email and destroy all copies of the original
`message.
`
`
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