From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Trials
`Giannelli, Maximilienne; Trials; Herbert, Toni-Junell
`raj.gupta@finnegan.com; Feldstein, Mark; UPL-PGR-FINNEGAN; Carson, Charles C.; Bucca, Daniel; Klecyngier,
`David M.; EXT-Mrick@bakerlaw.com
`RE: PGR2023-00017; Request for Authorization to File Motion Pursuant to 37 C.F.R. Sec. 42.223(a)
`Tuesday, September 5, 2023 12:45:21 PM
`image001.png
`image002.png
`image003.png
`
`Counsel,
`
`From the Board –
`
`Patent Owner is authorized to file an opposition to Petitioner’s Motion to Submit Supplemental
`Information. The opposition is limited to eight pages and must be filed by September 13, 2023.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Giannelli, Maximilienne <Maximilienne.Giannelli@finnegan.com>
`Sent: Tuesday, September 5, 2023 7:59 AM
`To: Trials <Trials@USPTO.GOV>; Herbert, Toni-Junell <therbert@bakerlaw.com>
`Cc: raj.gupta@finnegan.com; Feldstein, Mark <mark.feldstein@finnegan.com>; UPL-PGR-FINNEGAN
`<UPL-PGR-FINNEGAN@finnegan.com>; Carson, Charles C. <ccarson@bakerlaw.com>; Bucca, Daniel
`<dbucca@bakerlaw.com>; Klecyngier, David M. <dklecyngier@bakerlaw.com>; EXT-
`Mrick@bakerlaw.com <Mrick@bakerlaw.com>
`Subject: RE: PGR2023-00017; Request for Authorization to File Motion Pursuant to 37 C.F.R. Sec.
`42.223(a)
`
`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,
`
`We write on behalf of Patent Owner in response to the Board’s August 28, 2023, email directing the
`parties to meet and confer regarding Petitioner’s Motion to Submit Supplemental Information.
`Petitioner has now provided to Patent Owner six (6) documents identified as “some of the exhibits
`[Petitioner] expect[s] to use,” indicated that “there may be more or less in the filing on Tuesday”
`including “a supplemental declaration of Dr. Hall-Ellis as well of translations of any Brazilian
`documents,” and explained that the basis for its Motion is to “respond to the Board’s invitation for
`the parties to more ‘fully develop the record during trial.’ Decision at 18.”
`
`Based on this information and explanation, Patent Owner will oppose Petitioner’s Motion. Patent
`
`Exhibit 3001
`
`

`

`Owner further requests leave to file an opposition of up to 10 pages by September 15, 2023 (1 day
`less than Petitioner has had to draft its motion since making its request on August 25, 2023).
`
`Respectfully submitted,
`
`Max Giannelli
`Counsel for Patent Owner UPL
`
`Maximilienne Giannelli, Ph.D.
`Intellectual Property Attorney
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`1875 Explorer Street, Suite 800, Reston, VA 20190-6023
`work: 571.203.2432 | mobile: 202.286.8587 | fax: 202.408.4400 | max.giannelli@finnegan.com |
`www.finnegan.com
`
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Monday, August 28, 2023 2:26 PM
`To: Herbert, Toni-Junell <therbert@bakerlaw.com>; Trials <Trials@USPTO.GOV>
`Cc: Giannelli, Maximilienne <Maximilienne.Giannelli@finnegan.com>; Gupta, Raj
`<Raj.Gupta@finnegan.com>; Feldstein, Mark <mark.feldstein@finnegan.com>; UPL-PGR-FINNEGAN
`<UPL-PGR-FINNEGAN@finnegan.com>; Carson, Charles C. <ccarson@bakerlaw.com>; Bucca, Daniel
`<dbucca@bakerlaw.com>; Klecyngier, David M. <dklecyngier@bakerlaw.com>; EXT-
`Mrick@bakerlaw.com <Mrick@bakerlaw.com>
`Subject: RE: PGR2023-00017; Request for Authorization to File Motion Pursuant to 37 C.F.R. Sec.
`42.223(a)
`
`
`EXTERNAL Email:
`
`Counsel,
`
`From the Board –
`
`Petitioner’s request for authorization to file a Motion to Submit Supplemental Information pursuant
`to 37 C.F.R. Sec. 42.223(a) is granted. The motion must be filed by September 5, 2023 and is limited
`to eight pages.
`
`The parties are instructed to meet and confer on this matter, and Petitioner is required to report, via
`an email to the Board and before filing the motion, whether Patent Owner opposes the motion.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`
`

`

`U.S. Patent & Trademark Office
`
`From: Herbert, Toni-Junell <therbert@bakerlaw.com>
`Sent: Sunday, August 27, 2023 12:38 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: maximilienne.giannelli@finnegan.com; raj.gupta@finnegan.com; mark.feldstein@finnegan.com;
`UPL-PGR-Finnegan@finnegan.com; Carson, Charles C. <ccarson@bakerlaw.com>; Bucca, Daniel
`<dbucca@bakerlaw.com>; Klecyngier, David M. <dklecyngier@bakerlaw.com>; Rick, Michelle
`<MRick@bakerlaw.com>
`Subject: PGR2023-00017; Request for Authorization to File Motion Pursuant to 37 C.F.R. Sec.
`42.223(a)
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`To the Honorable Board,
`
`The Petitioner respectfully requests authorization to file a Motion to Submit Supplemental
`Information pursuant to 37 C.F.R. Sec. 42.223(a). This request is made within one month of the
`institution date July 31, 2023. This request was originally sent Friday August 25th; however,
`Petitioner renews the request herein as there was a typographical error in the C.F.R. citation.
`
`Should the Board require a conference call, the Parties will provide their availability.
`
`Respectfully submitted,
`Toni-Junell Herbert
`Counsel for Petitioner, Syngenta Crop Protection AG
`
`
`Toni Herbert
`Partner
`
`
`
`
`Washington Square
`1050 Connecticut Ave N.W. | Suite 1100
`Washington, DC 20036-5403
`T +1.202.861.1578
`
`therbert@bakerlaw.com
`bakerlaw.com
`
`
`
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