`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Trials
`Bucca, Daniel; Trials
`mark.feldstein@finnegan.com; Kenneth.Guerra@finnegan.com; raj.gupta@finnegan.com; UPL-PGR-FINNEGAN;
`Herbert, Toni-Junell; Carson, Charles C.; Klecyngier, David M.; Rick, Michelle
`RE: PGR2023-00017; Request to extend Due Date 2
`Wednesday, January 24, 2024 11:29:01 AM
`image001.png
`image002.png
`image003.png
`
`Counsel,
`
`From the Board -
`
`Petitioner’s request to extend Due Date 2 from January 30, 2024 to February 9, 2024 is granted. We
`further extend Due Date 3 from March 5, 2024 to March 15, 2024. No conference is necessary at
`this time.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Bucca, Daniel <dbucca@bakerlaw.com>
`Sent: Tuesday, January 23, 2024 4:09 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: mark.feldstein@finnegan.com; Kenneth.Guerra@finnegan.com; raj.gupta@finnegan.com; UPL-
`PGR-FINNEGAN <UPL-PGR-FINNEGAN@finnegan.com>; Herbert, Toni-Junell
`<therbert@bakerlaw.com>; Carson, Charles C. <ccarson@bakerlaw.com>; Klecyngier, David M.
`<dklecyngier@bakerlaw.com>; Rick, Michelle <MRick@bakerlaw.com>
`Subject: PGR2023-00017; Request to extend Due Date 2
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Honorable Board,
`
`Syngenta Crop Protection AG (Petitioner) requests to reschedule Due Date 2 (Petitioner’s Reply,
`Paper 11) from January 30, 2024 to February 9, 2024. UPL (Patent Owner) opposes.
`
`Petitioner contacted Patent Owner to reach an agreement on moving Due Date 2 by initial email of
`January 18, 2024 and additional emails.
`Petitioner explained its position as including the following:
`
`(1) Extending Due Date 2 would allow the Board time to rule on the pending motion
`for discovery (Paper 37) before Due Date 2 (Petitioner’s Reply). The Board gave
`
`Exhibit 3006
`
`
`
`Patent Owner until January 29, 2024 (one day before Petitioner’s Reply) to file its
`opposition to the motion for discovery, which may leave insufficient time for the
`Board to rule and to take discovery, if ordered. (2) Patent Owner originally proposed
`extending Due Date 2 to February 9, 2024 when seeking an extension for Due Date 1
`(Patent Owner Response). See EX3004. The Board granted extending Due Date 1
`(Paper 27 at 5) but did not extend correspondingly Due Date 2.
`
`Patent Owner’s position is as follows:
`
`We were unable to respond to your email same day yesterday given the time zone
`differences of which you were already aware. We have endeavored to be
`reasonable and reach compromise but are disappointed that Syngenta rejected
`without explanation or justification extension terms it had previously offered. We
`also cannot agree to Syngenta’s proposal to modify the schedule, as it would be
`detrimental to UPL.
`
`The Parties are available to meet with the Board from Thursday 1/25 between 10:00am-2:00pm ET
`and Friday 1/26 between 1:00pm-3:00pm ET.
`
`Sincerely,
`
`Counsel for Syngenta Crop Protection AG, Petitioner
`
`Daniel Bucca, Ph.D.
`He | Him | His
`Counsel
`
`Washington Square
`1050 Connecticut Ave N.W. | Suite 1100
`Washington, DC 20036-5403
`T +1.202.861.1575
`M +1.703.402.9442
`
`dbucca@bakerlaw.com
`bakerlaw.com
`
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