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From:
`To:
`Cc:
`Subject:
`Date:
`
`Trials
`Aaron Olejniczak; Trials
`trittmaster@foley.com; mhouston@foley.com; Chris Liro; Ed Williams; jillj@andruslaw.com; Marie Mikolainis
`RE: PGR2021-00085 - Conference Call with Board regarding Proposed Motion to Enlarge Page Limits
`Thursday, March 10, 2022 1:47:41 PM
`
`Counsel:
`
`Patent Owner’s request is granted. Rather than filing a separate motion in this instance, we will
`treat as a motion itself Patent Owner’s email with the unopposed request to expand the page limits
`for its forthcoming Motion to Amend by 10 pages. Petitioner’s Opposition to the Motion to Amend
`may similarly include an additional 10 pages beyond the page limits provided by our rules. The
`Board does not believe a conference call is needed at this time.
`
` A
`
` copy of this email will be submitted for the record and will be considered an order on Patent
`Owner’s request and motion for expanded page limits for the Motion to Amend.
`
`If the parties have further questions related Patent Owner’s request or the relief being granted, they
`should promptly contact the Board.
`
`Thank you,
`
`Maria King
`Deputy Chief Clerk for Trials
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`703-756-1288
`
`
`
`
`From: Marie Mikolainis <mariem@andruslaw.com> On Behalf Of Aaron Olejniczak
`Sent: Thursday, March 10, 2022 10:03 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: trittmaster@foley.com; mhouston@foley.com; Aaron Olejniczak <aarono@andruslaw.com>;
`Chris Liro <chris.liro@andruslaw.com>; Ed Williams <ewilliams@andruslaw.com>;
`jillj@andruslaw.com; Marie Mikolainis <mariem@andruslaw.com>
`Subject: PGR2021-00085 - Conference Call with Board regarding Proposed Motion to Enlarge Page
`Limits
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear PTAB,
`
`We represent Patent Owner VA-Q-TEC AG. in proceeding PGR2021-00085 currently pending before
`
`

`

`the Board. We are writing to ask for a conference call with the Board so that we may discuss filing a
`Motion to Enlarge Page Limits for Patent Owner’s anticipated Motion to Amend, which is due Friday,
`March 11, 2022.
`
`In the Motion to Enlarge Page Limits, Patent Owner would like to request to page limit for its
`anticipated Motion to Amend be enlarged from 25 to 35 pages. The additional pages are necessary
`because claim reproduction is required to make the support and benefit showings required by the
`MTA rule. Merely reproducing any of these substitute claims in a MTA in order to show support
`therefore occupies substantial additional space. Indeed, the listing of the claims and associated
`support in the current draft MTA takes up over nine pages alone.
`
`Counsel for Petitioner Pelican Biothermal indicated they will not oppose such motion, if they are
`allowed a commensurate increase in the page limit for their Response to the Motion to Amend.
`
`The parties propose the call be scheduled
`Today after 1:30 pm Eastern/12:30 pm Central, or
`Friday, March 11 after 2:00 pm Eastern/1:00 pm Central.
`
`Counsel for Petitioner have been copied on this email.
`
`Sincerely,
`
`Aaron T. Olejniczak
`Attorney
`Andrus Intellectual Property Law, LLP
`790 North Water Street, Suite 2200
`Milwaukee, WI 53202
`p 414.271.7590 │ f 414.271.5770
`e aarono@andruslaw.com │ vcard
`w andruslaw.com
`
`The contents of this message and any attachments are only for the intended recipient(s) and may contain information that is confidential, privileged,
`and/or otherwise legally protected. If you are not the intended recipient(s), it is strictly prohibited to use, copy or share any part of this message. Please
`destroy any copies of this message immediately and notify the sender if you received this message in error.
`
`
`

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