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`James Murphy
`From: Tobin, David <dtobin@mcdermottlaw.com>
`Sent: Friday, March 27, 2026 2:54 PM
`To: James Murphy; Sitzman, Mike; Best, Timothy; Raymond.Miller; Endejann, Nicole;
`Neurelis-PTAB
`Cc: Mark Deming; Chad Landmon; Corey Casey
`Subject: RE: IPR2025-00464, -465, -466 | Depositions of Cartt, Mitchnick, and Hale
` EXTERNAL EMAIL dtobin@mcdermottlaw.com
`To help
`protect your
`privacy,
`Micro so ft
`Office
`prevented
`auto matic
`download of
`this picture
`from the
`Internet.
`James,
`As discussed during our March 25 meet and confer, these are the earliest dates that these third parties
`can be available. Given the limited scope of their declarations, the only issue for which these witnesses
`would be deposed in the IPR Proceedings relates to the JRA. Because the Board has twice ruled against
`Neurelis on its ability to amend the patents to assert the 103(c)(2) defense, we do not believe that there
`is any prejudice to Padagis to proceed with their depositions on the dates provided. We will continue to
`hold the dates in the event that you decide you want to proceed with them. If you do not confirm
`Padagis’s intention to proceed with the depositions by April 1, 2026, however, we will release the dates
`previously provided.
`With regard to your request to seek authorization to file a motion to strike in view of the foregoing, you
`may state Neurelis’s position as follows: “Patent Owner has met and conferred with Petitioner and
`provided deposition dates for the third-party declarants. Accordingly, Patent Owner opposes striking any
`of the third-party declarations. Patent Owner has not seen a draft email prior to Petitioner sending it to
`the Board.”
`Best,
`David
`David Tobin
`Partner
`T: +1 214 210 2793
`dtobin@mcdermottlaw.com | LinkedIn
`McDermott Will & Schulte LLP | mcdermottlaw.com
`2801 North Harwood Street | Suite 2600 | Dallas, TX 75201 | USA
`To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
`<!--company-->
`From: James Murphy <jpmurphy@polsinelli.com>
`Sent: Thursday, March 26, 2026 12:00 PM
`To: Tobin, David <dtobin@mcdermottlaw.com>; Sitzman, Mike <msitzman@mcdermottlaw.com>; Best, Timothy
`<tbest@mcdermottlaw.com>; Raymond.Miller <Raymond.Miller@us.dlapiper.com>; Endejann, Nicole
`Padagis US LLC, EX1101
`
`
`
`
`
`
`
`2
`<Nicole.Endejann@us.dlapiper.com>; Neurelis-PTAB <Neurelis-PTAB@mcdermottlaw.com>
`Cc: mdeming@polsinelli.com; Chad Landmon <clandmon@polsinelli.com>; Corey Casey <CCasey@Polsinelli.com>
`Subject: RE: IPR2025-00464, -465, -466 | Depositions of Cartt, Mitchnick, and Hale
`[ External Email ]
`David,
`As we noted in the meet and confer, those dates are not feasible in view of the schedule for these
`proceedings. The purpose of the depositions is to inform the arguments for our Petitioner Reply and your
`proposed dates are well after our reply is due. If you can agree to produce all three witnesses by April 10, we
`believe we can accommodate such depositions by extending Due Dates 2 and 3 accordingly.
`If the witnesses are not timely available, we will proceed to file our reply without deposing them and seek to strike
`the declarations. It is our understanding from the meet and confer that you believe the Board’s order of March 9,
`2026 (Paper 38) does not authorize motions to strike in view of the dates you proposed. While we disagree that
`your proposed dates satisfy the spirit of the Board’s order, we will nonetheless email the Board again to confirm
`authorization to file the motions.
`Regards,
`James Murphy
`Shareholder
`jpmurphy@polsinelli.com
`713.374.1631
`1000 Louisiana Street
`Sixty-Fourth Floor
`Houston, TX 77002
`polsinelli.com
`Polsinelli PC, Polsinelli LLP in California
`From: Tobin, David <dtobin@mcdermottlaw.com>
`Sent: Wednesday, March 25, 2026 4:08 PM
`To: James Murphy <jpmurphy@polsinelli.com>; Sitzman, Mike <msitzman@mcdermottlaw.com>; Best, Timothy
`<tbest@mcdermottlaw.com>; Raymond.Miller <Raymond.Miller@us.dlapiper.com>; Endejann, Nicole
`<Nicole.Endejann@us.dlapiper.com>; Neurelis-PTAB <Neurelis-PTAB@mcdermottlaw.com>
`Cc: Mark Deming <MDeming@Polsinelli.com>; Chad Landmon <clandmon@polsinelli.com>; Corey Casey
`<CCasey@Polsinelli.com>
`Subject: RE: IPR2025-00464, -465, -466 | Depositions of Cartt, Mitchnick, and Hale
` EXTERNAL EMAIL dtobin@mcdermottlaw.com
`Dear Counsel,
`We write regarding the above-captioned cases to address the Board’s order of March 9, 2026 (Paper
`38). We met and conferred today to discuss depositions of the three third-party declarants. We offered
`you the following dates, subject to the witnesses’ final confirmation:
` David Hale: April 29
` Mark Mitchnick: May 5
`
`
`
`
`
`
`
`3
` Steve Cartt: May 7
`Please let us know how you would like to proceed.
`Regards,
`David
`David Tobin
`Partner
`T: +1 214 210 2793
`dtobin@mcdermottlaw.com | LinkedIn
`McDermott Will & Schulte LLP | mcdermottlaw.com
`2801 North Harwood Street | Suite 2600 | Dallas, TX 75201 | USA
`From: James Murphy <jpmurphy@polsinelli.com>
`Sent: Tuesday, March 24, 2026 1:16 PM
`To: Tobin, David <dtobin@mcdermottlaw.com>; Sitzman, Mike <msitzman@mcdermottlaw.com>; Best, Timothy
`<tbest@mcdermottlaw.com>; Raymond.Miller <Raymond.Miller@us.dlapiper.com>; Endejann, Nicole
`<Nicole.Endejann@us.dlapiper.com>; Neurelis-PTAB <Neurelis-PTAB@mcdermottlaw.com>
`Cc: mdeming@polsinelli.com; Chad Landmon <clandmon@polsinelli.com>; Corey Casey <CCasey@Polsinelli.com>
`Subject: RE: IPR2025-00464, -465, -466 | Depositions of Cartt, Mitchnick, and Hale
`[ External Email ]
`Hi David,
`11am ET tomorrow is good with us for a meet and confer.
`Regards,
`James Murphy
`Shareholder
`jpmurphy@polsinelli.com
`713.374.1631
`1000 Louisiana Street
`Sixty-Fourth Floor
`Houston, TX 77002
`polsinelli.com
`Polsinelli PC, Polsinelli LLP in California
`From: Tobin, David <dtobin@mcdermottlaw.com>
`Sent: Tuesday, March 24, 2026 9:52 AM
`To: James Murphy <jpmurphy@polsinelli.com>; Sitzman, Mike <msitzman@mcdermottlaw.com>; Best, Timothy
`<tbest@mcdermottlaw.com>; Raymond.Miller <Raymond.Miller@us.dlapiper.com>; Endejann, Nicole
`
`
`
`
`
`
`
`4
`<Nicole.Endejann@us.dlapiper.com>; Neurelis-PTAB <Neurelis-PTAB@mcdermottlaw.com>
`Cc: Mark Deming <MDeming@Polsinelli.com>; Chad Landmon <clandmon@polsinelli.com>; Corey Casey
`<CCasey@Polsinelli.com>
`Subject: RE: IPR2025-00464, -465, -466 | Depositions of Cartt, Mitchnick, and Hale
` EXTERNAL EMAIL dtobin@mcdermottlaw.com
`James,
`Thanks for your email. Please let us know if you are available to meet and confer with us on Wednesday,
`March 25, from 10 am – 2 pm ET (9 am – 1 pm CT) to discuss.
`-David
`David Tobin
`Partner
`T: +1 214 210 2793
`dtobin@mcdermottlaw.com | LinkedIn
`McDermott Will & Schulte LLP | mcdermottlaw.com
`2801 North Harwood Street | Suite 2600 | Dallas, TX 75201 | USA
`From: James Murphy <jpmurphy@polsinelli.com>
`Sent: Monday, March 23, 2026 5:16 PM
`To: Sitzman, Mike <msitzman@mcdermottlaw.com>; Tobin, David <dtobin@mcdermottlaw.com>; Best, Timothy
`<tbest@mcdermottlaw.com>; Raymond.Miller <Raymond.Miller@us.dlapiper.com>; Endejann, Nicole
`<Nicole.Endejann@us.dlapiper.com>; Neurelis-PTAB <Neurelis-PTAB@mcdermottlaw.com>
`Cc: mdeming@polsinelli.com; Chad Landmon <clandmon@polsinelli.com>; Corey Casey <CCasey@Polsinelli.com>
`Subject: IPR2025-00464, -465, -466 | Depositions of Cartt, Mitchnick, and Hale
`[ External Email ]
`Counsel,
`In the Board’s March 9, 2026 order, it instructed the parties to meet and confer again on deposing Messrrs. Cartt,
`Mitchnik, and Hale after the Board’s rehearing decision, which issued on March 20, 2026. Let us know if Patent
`Owner is now willing to make these three witnesses available to be deposed and their available dates. If Patent
`Owner declines to make the witnesses available for deposition then we intend to move forward with the motion to
`strike as previously authorized in the Board’s March 9 order.
`Regards,
`James Murphy
`Shareholder
`jpmurphy@polsinelli.com
`713.374.1631
`1000 Louisiana Street
`Sixty-Fourth Floor
`Houston, TX 77002
`
`
`
`
`
`
`
`5
`polsinelli.com
`Polsinelli PC, Polsinelli LLP in California
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