From:
`To:
`Cc:
`
`Subject:
`
`Date:
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`Cockings, Orville R.
`Trials
`plambrianakos@fabricantllp.com; vrubino@fabricantllp.com; eiturralde@fabricantllp.com;
`rcowell@fabricantllp.com; jostling@fabricantllp.com; ffabricant@fabricantllp.com; Gewirtz, Gregory S.;
`Faegenburg, Russell W.; Apicella, Laura
`Petitioner Request for Reply in Sony Electronics Inc. v. Jawbone Innovations, LLC, IPR2023-01117 (Cls. 14-42,
`US Patent 8,321,213)
`Thursday, November 16, 2023 8:17:31 PM
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Board,
`
`Pursuant to 37 C.F.R. § 42.108(c), Petitioner Sony Electronics Inc. (“Sony”) respectfully requests
`authorization to file a reply of no more than 3 pages to Patent Owner’s Preliminary Response
`(“POPR”) in the above-captioned case. Patent Owner Jawbone Innovations, LLC (“Jawbone”) has
`used its POPR, in part, to respond to the Board’s comment in an earlier Amazon v. Jawbone IPR
`(involving the same patent and prior art) “invit[ing] the parties to address in the Response, Reply,
`and Sur-reply how the specification affects the claim construction the Board will use in the Final
`Written Decision when determining claim 14’s patentability.” (IPR2023-00276, Paper No. 10 at 44.)
`The POPR in the present case includes an extensive discussion of those issues. (Paper No. 8, at 10-
`13, 14-20.) As a matter of fundamental fairness, Sony requests that it be given the opportunity to
`respond briefly on those issues prior to a decision on institution, given that Jawbone has already had
`the opportunity to do so. Sony thus maintains that good cause exists for a reply.
`
`On November 15 and 16, 2023, the undersigned notified Jawbone of its intent to seek leave from
`the Board and requested Jawbone’s consent to Sony’s proposed reply based on the good cause
`discussed above. Jawbone responded it would not consent but that if Sony’s request is approved,
`Jawbone requests a corresponding sur-reply of equal length.
`
`Sony wishes to make the Board aware that it is also seeking replies in the following co-pending Sony
`v. Jawbone IPRs: IPR2023-01118 (Cls. 1-13, US Patent 8,321,213); IPR2023-01119 (US Patent
`7,246,058); IPR2023-01153 (US Patent 11,122,357); IPR2023-01166 (US Patent 8,019,091); IPR2023-
`01176 (Cls. 29-44, US Patent 8,326,611); IPR2023-01177 (Cls. 1-28, US Patent 8,326,611); IPR2023-
`01222 (US Patent 8,467,543); and IPR2023-01228 (Cls. 1-22, 29-40, US Patent 8,503,691).
`
`Respectfully submitted,
`
`Orville Cockings
`Counsel for Sony Electronics Inc.
`
`Orville R. Cockings
`
`Exhibit 3001
`
`

`

`ocockings@lernerdavid.com
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