Trials@uspto.gov Paper 38
`571-272-7822 Date: March 9, 2026
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PADAGIS US LLC,
`Petitioner,
`
`V.
`
`NEURELIS, INC.,
`Patent Owner.
`
`IPR2025-00464 (Patent 8,895,546 B2)
`IPR2025-00465 (Patent 11,241,414 B2)
`IPR2025-00466 (Patent 11,793,786 B2)!
`
`Before GRACE KARAFFA OBERMANN, ANNETTE R. REIMERS, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAIJORS, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding, Addressing Availability of Patent Owner'’s
`
`Declarants for Deposition
`37 CF.R. §§42.5,42.20, 42.51
`
`' This Order addresses issues common to the listed cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`
`
`
`
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`[PR2025-00464 (Patent 8,895,546 B2)
`[PR2025-00465 (Patent 11,241,414 B2)
`[PR2025-00466 (Patent 11,793,786 B2)
`
`L. DISCUSSION
`
`On February 26, 2026, Petitioner wrote to the Board via email seeking
`authorization to file a motion to strike the declarations of Steve Cartt, Mark
`Mitchnik, and David Hale.? Ex. 3003. According to Petitioner, we should
`authorize the motion to strike because Patent Owner has cancelled, and
`declined to reschedule, depositions of the above-named declarants. /d.
`Petitioner argues that Patent Owner’s refusal to make its declarants available
`at this time for depositions in these proceedings is contrary to 37 C.F.R.
`
`§ 42.51(b)(1)(i1). Id.
`
`The time period for Patent Owner to make Messrs. Cartt, Mitchnik,
`and Hale available for deposition in these proceedings is extended. Patent
`Owner is not required to make its declarants, Messrrs. Cartt, Mitchnik, and
`Hale, available for deposition during such time as Patent Owner’s Request
`for Rehearing of the Board’s February 6, 2026, Order remains pending and
`for a period of five calendar days after the Board decides that Request for
`Rehearing. Within five calendar days of the Board deciding Patent Owner’s
`Request for Rehearing, the parties will meet and confer to discuss suitable
`dates for deposition of Messrrs. Cartt, Mitchnik, and Hale. If Patent Owner
`declines to provide dates when Messrrs. Cartt, Mitchnik, and Hale will be
`
`available for deposition pursuant to the schedule above, Petitioner is
`
`2 The Cartt, Mitchnick, and Hale declarations are, respectively,
`Exhibits 2045, 2046, and 2047. We reference exhibit numbers and papers
`
`filed in IPR2025-00464. Similar papers/exhibits were filed in the related,
`above-listed proceedings.
`
`
`
`
`
`
`
`
`[PR2025-00464 (Patent 8,895,546 B2)
`[PR2025-00465 (Patent 11,241,414 B2)
`[PR2025-00466 (Patent 11,793,786 B2)
`authorize to move to strike those declarants’ testimony with due dates and
`page limits for briefing as provided in the order below.
`II. ORDER
`
`In consideration of the foregoing, it is:
`
`ORDERED that Patent Owner is not required to make its declarants,
`Messrrs. Cartt, Mitchnik, and Hale, available for deposition in these
`proceedings during such time as Patent Owner’s Request for Rehearing of
`the Board’s February 6, 2026, Order remains pending and for a period of
`five calendar days after the Board decides that Request for Rehearing;
`
`ORDERED that, within five calendar days of the Board deciding
`Patent Owner’s Request for Rehearing, the parties will meet and confer to
`discuss suitable dates for deposition of Messrrs. Cartt, Mitchnik, and Hale;
`
`ORDERED that, in the event Patent Owner declines to provide dates
`when Messrrs. Cartt, Mitchnik, and Hale will be available for deposition
`pursuant to the schedule above, Petitioner is authorize to move to strike
`those declarants’ testimony;
`
`ORDERED that such motion to strike from Petitioner (if authorized as
`provided above) must be filed within fourteen days after the Board decides
`Patent Owner’s pending Request for Rehearing, and such motion shall not
`exceed 10 pages in length; and
`
`ORDERED that Patent Owner may file an opposition to such motion
`to strike by Petitioner, which opposition will be due within fourteen days
`
`after such motion is filed and will similarly not exceed 10 pages in length.
`
`
`
`
`
`
`
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`[PR2025-00464 (Patent 8,895,546 B2)
`[PR2025-00465 (Patent 11,241,414 B2)
`[PR2025-00466 (Patent 11,793,786 B2)
`
`FOR PETITIONER:
`
`James Murphy
`
`Corey Casey
`POLSINELLI PC.
`jpmurphy@polsinelli.com
`ccasey(@polsinelli.com
`
`FOR PATENT OWNER:
`
`Michael A Sitzman
`
`Timothy Best
`
`MCDERMOTT WILL & EMERY LLP
`msitzman@mwe.com
`
`tbest@mwe.com
`
`Raymond Miller
`
`Nancy Stakleff
`
`DLA Piper LLP (US)
`raymond.miller@us.dlapiper.com
`nicole.endejann(@us.dlapiper.com
`
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