`Harp, Jason G.; Trials
`PGR48751-0013PS1; Robert Oakes; Aly, Imron T.
`RE: PGR2024-00016
`Friday, May 24, 2024 2:14:04 PM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Counsel,
`
`From the Board –
`
`Petitioner is authorized to file a 1 page reply to Patent Owner’s preliminary response addressing the
`issues outlined in the email dated May 24, 2024. The response is due within 1 week.
`
`Patent Owner is authorized to file a 1 page sur-reply in response due within 1 week of the filing of
`Petitioner’s reply.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Harp, Jason G. <jason.harp@afslaw.com>
`Sent: Friday, May 24, 2024 11:08 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: PGR48751-0013PS1 <PGR48751-0013PS1@fr.com>; Robert Oakes <RMO@FR.com>; Aly, Imron
`T. <imron.aly@afslaw.com>
`Subject: PGR2024-00016
`
`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,
`
`Petitioner Nexus Pharmaceuticals, LLC requests leave to file a limited reply to Patent Owner’s
`preliminary Response (“POPR”) to address Patent Owner’s assertion that the same or substantially
`the same non-enablement arguments were presented to the USPTO during prosecution of a related
`patent application and, therefore, the Board should exercise its discretion under 35 U.S.C. §325(d) to
`deny institution. Petitioner believes there is good cause for a 2-page reply because the POPR
`incorrectly asserts that the Petition does not address the two-pronged Advanced Bionics test.
`Petitioner would not oppose an equal length sur-reply from Patent Owner on the same issue.
`
`The parties have met and conferred, and Patent Owner does not oppose a preliminary reply of 1
`page due within one week, provided that Patent Owner is granted a preliminary sur-reply of 1 page
`due one week after. Because Petitioner wants to only point out where in the Petition it already
`
`Exhibit 3001
`
`
`
`addressed the two-part test of Advanced Bionics, Patent Owner believes that 2 pages are
`unnecessary and invite additional argument not included in the Petition.
`
`Respectfully,
`
`Jason Harp
`
`Counsel for Petitioner
`
`
`
` Jason G. Harp
`CONSULTING ATTORNEY | ARENTFOX SCHIFF LLP
`jason.harp@afslaw.com | dIRECT 312.258.5770 | mObILE 773.791. 3055
`My Bio | LinkedIn | Subscribe
`233 South Wacker Drive, Suite 7100, Chicago, IL 60606
`
`
`
`
`CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you
`received this in error, please do not read, distribute, or take action in reliance upon this message. Instead, please notify us immediately
`by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or
`work product privilege by the transmission of this message.
`
`
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