`
`From: Tucker, Daniel <Daniel.Tucker@finnegan.com>
`Sent: Thursday, February 10, 2022 12:03 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Vincent Rubino <vrubino@fabricantllp.com>; Peter Lambrianakos
`<plambrianakos@fabricantllp.com>; Enrique Iturralde <eiturralde@fabricantllp.com>; Jialin Zhong
`<zhong@zhong-law.com>; PTAB <PTAB@fabricantllp.com>; Arner, Erika <erika.arner@finnegan.com>;
`Jin, Mingji <Mingji.Jin@finnegan.com>
`Subject: IPR2022-00004, -00005 - Pre-Institution Reply
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Your Honors,
`
`
`Petitioner respectfully requests authorization to file pre-institution replies to Patent Owner’s
`preliminary responses in IPR2022-00004, and IPR2022-00005 involving RE47,049 and RE48,371.
`Specifically, Petitioner requests 5-page replies to respond to Patent Owner’s arguments that (a) the
`Petition has not shown that the Briere prior art reference is a printed publication, and (b) the Briere
`prior art reference teaches away from using a DSP. In support of its response to argument (a), Petitioner
`intends to submit a declaration from Simon Briere, a co-author of the Briere prior art reference, to
`demonstrate its public availability. Petitioner does not object to Patent Owner submitting sur-replies of
`equal length. Petitioner has conferred with Patent Owner’s counsel, who has indicated that Patent
`Owner opposes Petitioner’s request.
`
`
`To the extent the Board desires a conference call to discuss Petitioner’s request, the parties will jointly
`provide their availability at the Board’s request.
`
`
`Respectfully submitted,
`
`Daniel Tucker
`Counsel for Petitioner
`
`Daniel C. Tucker | Bio
`Partner
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`1875 Explorer Street, Suite 800, Reston, VA 20190-6023
`571.203.2793 | fax: 202.408.4400 | daniel.tucker@finnegan.com
`
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential,
`proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have received this message in error, please advise
`the sender by return e-mail and delete it from your mailbox. Thank you.
`
`
`
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