Trials
`Arvind Jairam; Paul, Rajesh; Liddell, Andrew; Sharma, Anupam; Bluestone, David; Weidenfeller, Scott; Greene,
`Bert A.; GT-Cirrus-IPR; Greenthread-Cirrus-MS; Greenthread-Omnivision-MS; CirrusCov-GT; Texeira, Jennifer W.
`Trials
`RE: IPR2024-00001, -00016, -00017, -00018, -00019, -00020, -00021
`Wednesday, October 23, 2024 10:10:44 AM
`image001.png
`image003.png
`image004.png
`
`From:
`To:
`
`Cc:
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`Patent Owner is not authorized to submit Dr. Campbell’s deposition testimony from other
`IPRs (IPR2024-00468, -00469, -00470) along with its Patent Owner Sur-reply in the present
`proceeding.
`
`Initially, we note that Dr. Campbell’s testimony in other IPRs (IPR2024-00468, -00469,
`-00470) is best characterized as concerning a disputed factual issue, not a legal one. Dr.
`Campbell was not retained as an expert by Petitioner and is not a witness in the present
`proceeding. Petitioner would have limited, if any, opportunity to cross-examine Dr. Campbell
`were we to admit his testimony from other proceedings.
`
`Briefing is nearing completion in IPR2024-00001, -16, -17, -18, -19, -20, and -21. In order to
`provide Petitioner with an opportunity to respond to Patent Owner’s new evidence,
`supplemental briefing would be required.
`
`In view of the above, and particularly in view of the advanced stage of this proceeding, we do
`not grant Patent Owner’s request. No call is necessary at this time.
`
`Regards,
`
`Tina
`
`From: Arvind Jairam <ajairam@McKoolSmith.com>
`Sent: Tuesday, October 22, 2024 2:58 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Paul, Rajesh <RPaul@cov.com>; Liddell, Andrew <WALiddell@duanemorris.com>; Sharma,
`Anupam <asharma@cov.com>; Bluestone, David <DBluestone@beneschlaw.com>; Weidenfeller,
`Scott <SWeidenfeller@cov.com>; Greene, Bert A. <BGreene@duanemorris.com>; GT-Cirrus-IPR
`<GT-Cirrus-IPR@cov.com>; Greenthread-Cirrus-MS <Greenthread-Cirrus-MS@mckoolsmith.com>;
`Greenthread-Omnivision-MS <Greenthread-Omnivision-MS@mckoolsmith.com>; CirrusCov-GT
`<CirrusCov-GT@cov.com>; Texeira, Jennifer W. <JWTexeira@duanemorris.com>
`Subject: IPR2024-00001, -00016, -00017, -00018, -00019, -00020, -00021
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`IPR2024-00001, -00016, -00017, -00018, -00019, -00020, -00021
`
`Dear Board,
`
`Ex. 3008
`IPR2024-00001
`IPR2024-00016
`IPR2024-00017
`IPR2024-00018
`IPR2024-00019
`IPR2024-00020
`IPR2024-00021
`
`

`

`Patent Owner Greenthread requests to submit newly available evidence regarding the core dispute
`in these proceedings.
`
`Greenthread recently deposed the expert witness of a petitioner in parallel IPRs (IPR2024-00468,
`-00469, -00470). The witness, Dr. Stephen Campbell, testified consistent with Greenthread’s
`position regarding the “aid carrier movement” claim term and contrary to the position of Petitioners
`here (and the petitioner in the parallel proceedings). Dr. Campbell testified about a number of
`forces besides a gradient that affect carrier motion. He testified that a minimum quantum of force
`from a gradient is required for carrier movement. He also testified that it is not possible to identify
`the doping gradient in the active region in Kawagoe, a reference at issue in both these IPRs and the
`parallel IPRs.
`
`Greenthread requests permission to submit in the present IPRs the Dr. Campbell deposition
`transcript from the parallel IPRs when Greenthread files its Patent Owner sur-reply in these IPRs, in
`the event that Petitioners do not submit the transcript along with their Patent Owner response.
`
`Prior to sending this email, Greenthread conferred with Petitioners, which indicated they oppose
`Greenthread’s requested relief. Petitioners provided the following statement: “Petitioners oppose
`on the basis that, among other things, the Campbell deposition transcript contains inadmissible
`hearsay, Patent Owner mischaracterizes the testimony, and the portions of the transcript referenced
`by Patent Owner are irrelevant and misleading to the issues in these IPRs.”
`
`The parties can make themselves available for a conference call October 25, 2024 or later if desired
`by the Board.
`
`Respectfully,
`Arvind Jairam
`Counsel for Patent Owner Greenthread, LLC
`
`NOTICE OF CONFIDENTIALITY: The information contained in and transmitted with this e-mail is SUBJECT TO THE ATTORNEY-CLIENT and
`ATTORNEY WORK PRODUCT PRIVILEGE and is CONFIDENTIAL. It is intended only for the individual or entity designated above. You are
`hereby notified that any dissemination, distribution, copying, use or reliance upon the information contained in and transmitted with this
`e-mail by or to anyone other than the addressee designated above by the sender is unauthorized and strictly prohibited. If you have
`received this e-mail in error, please notify the sender by reply immediately. Any e-mail erroneously transmitted to you should be
`immediately destroyed.​​​​​
`
`