`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Kevin,
`
`Jeremy C. Doerre <jdoerre@ti-law.com>
`Thursday, July 19, 2018 1:34 PM
`Greenleaf, Kevin R.
`chad@ti-law.com; Cummings, Scott W.; Yim, Peter J.; Tonkovich, Russell S.
`Re: PGR2018-00063: Document(s) Filed - Dispersive Networks, Inc. v. Nicira, Inc.
`
`Thanks for raising the due date issue. Our guess is that the Board is intending the July 25th / August 1st
`deadlines to govern, but it is definitely confusing. Clarification would be much appreciated.
`
`With respect to an extension for the POPR, Petitioner would oppose that request primarily because we are not
`sure that it makes sense to put the Board on the clock and put them in a position where they feel obligated to
`issue a decision within a certain time table. We have encountered situations where the Board does not act on a
`motion for six months or more.
`
`With respect to the page limits, we would not oppose the request to increase the page limits to 8 pages.
`
`With respect to updating our mandatory notices, we do not think that Dispersive Technologies needed to be
`named as a real party in interest, but would be amenable to investigating whether there is a feasible approach if
`it does not result in a new filing date.
`
`Thanks,
`
`Jeremy
`
`
`On 7/19/2018 11:10 AM, Greenleaf, Kevin R. wrote:
`Jeremy and Chad,
`
`
`Would you please let us know whether you have revisions to the email below concerning these three
`issues:
`
`
`1. Clarification of due dates
`2. Extension of POPR due date to September 19
`3. Increase in motion and reply page limits to 8 pages
`
`
`
`Also, please clarify whether you intend to update your mandatory notices with DT as an RPI. Please let
`us know asap as we want to contact the Board today.
`
`
`Dear Board,
`
`
`The parties urgently request clarification of the Order issued July 19, 2018. First, the order contains
`inconsistent indications of the deadlines for filing the motion and opposition. On page 3 of the
`Order, the indicated deadline for filing the Motion is July 25 and the opposition to be filed by August
`1, but on pages 5-6, the deadline for filing the motion is given as July 18, and the deadline for the
`opposition being July 25.
`
`1
`
`VeloCloud Networks - Exhibit 2022
`Dispersive Networks v. VeloCloud Networks - PGR2018-00063
`
`
`
`
`
`Second, during the conference call of July 10, 2018, Patent Owner requested a one-month extension
`of the current deadline to file its Preliminary Response (currently August 16, 2018). However, the
`order does not address this issue. Given that the POPR is currently due August 16, and Petitioners
`reply is due August 1, that leaves insufficient time for the Board to consider the papers, render a
`decision, and, if granted, time the parties to handle the additional discovery. Therefore, Patent
`Owner requests an extension of the POPR due date to September 19.
`
`
`Third, Patent Owner notes the 4-page limit, and requests that each party receive 8 pages, consistent
`with other recent motions for additional discovery, such as the following cases:
`
`o
`o
`o
`o
`
`IPR2018-00547, paper 6 (April 11, 2018) 10 pages
`IPR2017-01446, paper 22 (April 22, 2018) 7 pages
`IPR2017-00126, paper 18 (October 9, 2017) 8 pages
`IPR2016-01901, paper 24 (September 5, 2017) 6 pages
`
`
`
`Petitioner opposes/does not oppose these requests.
`
`
`
`Regards,
`Kevin
`
`
`Kevin R. Greenleaf
`
` D
`
` +1 650 798 0381 | O 916-838-0291 | US Internal 70381
`kevin.greenleaf@dentons.com
`Bio | Website
`
`Dentons US LLP
`
`Maclay Murray & Spens > Gallo Barrios Pickmann > Muñoz > Cardenas & Cardenas > Lopez Velarde
`> Rodyk > Boekel > OPF Partners > 大成 > McKenna Long
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`
`
`From: PTABE2E_System@uspto.gov [mailto:PTABE2E_System@uspto.gov]
`Sent: Thursday, July 19, 2018 8:08 AM
`To: chad@ti-law.com; Greenleaf, Kevin R.; Cummings, Scott W.
`Cc: jdoerre@ti-law.com
`Subject: PGR2018-00063: Document(s) Filed - Dispersive Networks, Inc. v. Nicira, Inc.
`
`
`
`
`2
`
`VeloCloud Networks - Exhibit 2022
`Dispersive Networks v. VeloCloud Networks - PGR2018-00063
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`
`
`Document Filing Notice
`
`AIA Review No.: PGR2018-00063
`Petitioner:
`Dispersive Networks, Inc. of Alpharetta, GA
`Patent Owner: Nicira, Inc. et al.
`Patent No.:
`9722815
`Submitted Date: 07/19/2018
`Submitted By:
`PTAB, Trials@uspto.gov
`
`The following document(s) has/have been filed.
`
`Document(s) List
`
`No. Document
`No.
`
`Document
`Type
`
`Document Name
`
`Filing
`Party
`
`Availability
`
`1
`
`6
`
`Order
`
`Authorizing Motion for Additional
`Discovery 37 C.F.R. sec 42.51(b)(2) Board
`
`Available for
`everyone.
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-
`272-7822 or e-mail to Trials@uspto.gov.
`
`This e-mail is computer-generated. Do not reply to this e-mail because the e-mail box is not
`monitored.
`
`
`
`
`
`--
`*************************************
`
`Jeremy C. Doerre
`Registered Patent Attorney
`
`(704) 248-4883 desk
`
`TILLMAN WRIGHT, PLLC
`P.O. Box 49309
`Charlotte, NC 28277
`
`(877) 248-5100 office tel. & fax
`
`
`3
`
`VeloCloud Networks - Exhibit 2022
`Dispersive Networks v. VeloCloud Networks - PGR2018-00063
`
`
`
`This communication constitutes an electronic communication within the meaning of the
`Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is
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`
`4
`
`VeloCloud Networks - Exhibit 2022
`Dispersive Networks v. VeloCloud Networks - PGR2018-00063
`
`