`FOR THE EASTERN DISTRICT OF TENNESSEE
`
`PROCON ANALYTICS, LLC
`
`Plaintiff/,
`Counterclaim Defendant
`
`v.
`
`SPIREON, INC.
`
`Defendant/
`Counterclaimant
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 3:19-cv-00201
`
`JOINT STATUS UPDATE
`
`Plaintiff / Counter-Respondent Procon Analytics, LLC (“Procon”) and
`
`Defendant / Counter-Claimant Spireon, Inc. (“Spireon”) (collectively, “the
`
`Parties”), by and through the undersigned counsel and pursuant to the Court’s June
`
`30 Notice [Doc. 83], jointly provide the following update regarding the status of
`
`the Court of Appeals for the Federal Circuit appeal of the Court’s April 6 Order
`
`[Doc. 66]. By way of update, the Parties advise the Court as follows:
`
`1. The Federal Circuit on January 19, 2022, affirmed the Court’s April 6
`
`Order [Doc. 66]. [Doc. 85].
`
`2. The Federal Circuit issued the mandate for its judgment on February 25,
`
`2022. [Doc. 86].
`
`3. In accordance with the Court’s June 30 Notice [Doc. 83], Procon is also
`
`refiling the Bill of Costs. No changes have been made to the Bill of Costs
`
`Case 3:19-cv-00201-JPM-JEM Document 88 Filed 03/11/22 Page 1 of 4 PageID #: 3034
`
`
`
`filed April 27, 2021 [Doc. 73]. Procon does not believe any update is
`
`needed for the Memorandum in Support of the Bill of Costs [Doc. 73-1]
`
`and herein incorporates by reference the previously filed memorandum
`
`and exhibits [Docs. 73-1, 73-2, 73-3] to the Bill of Costs [Doc. 73].
`
`4. With regard to its objection, Spireon also believes no further briefing is
`
`necessary and herein incorporates by reference the previously filed
`
`Objection to the Bill of Costs [Doc. 81]. However, 90–day period during
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`which a party may petition for writ of certiorari does not expire until
`
`April 19, 2022, and Spireon may file a petition for a writ of certiorari.
`
`Accordingly, Spireon reports that its appeal may still be pending under
`
`F(2)(ii) of this Court’s Guidelines on Preparing Bills of Costs.
`
`
`
`Respectfully submitted this 11th day of March 2022.
`
`
`
`
`
`
`
`
`
`
`
`/s/ Seth Ogden
`
`
`/s/ Taylor Williams
`Taylor A. Williams (BPR# 028172) Seth R. Ogden (BPR# 034377)
`PAINE, TARWATER, &
`
`Edward D. Lanquist, Jr. (BPR# 013303)
`BICKERS LLP
`
`
`
`PATTERSON INTELLECTUAL
`900 South Gay Street, Suite 2200
`PROPERTY LAW, P.C.
`Knoxville, TN 37902
`
`
`1600 Division Street, Suite 500
`(865) 525-0880
`
`
`
`Nashville, TN 37203
`taw@painebickers.com
`
`
`(615) 242-2400
`
`
`
`
`
`
`sro@iplawgroup.com
`Mathew M. Googe (BPR# 030164)
`edl@iplawgroup.com
`ROBINSON IP LAW, PLLC
`9724 Kingston Pike, Suite 1102
`Knoxville, TN 37922
`
`
`(865) 978-6480
`
`Counsel for Plaintiff/Counterclaim
`Defendant Procon Analytics, LLC
`
`Case 3:19-cv-00201-JPM-JEM Document 88 Filed 03/11/22 Page 2 of 4 PageID #: 3035
`
`
`
`
`
`mgooge@robinsoniplaw.com
`
`Counsel for Defendant/Counter-claimant
`Spireon, Inc.
`
`
`
`
`Case 3:19-cv-00201-JPM-JEM Document 88 Filed 03/11/22 Page 3 of 4 PageID #: 3036
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and exact copy of the foregoing document has
`
`been served via CM/ECF this 11th day of March 2022, upon the below-listed
`
`counsel at the following addresses:
`
`Matthew M. Googe
`Robinson IP Law, PLLC
`9724 Kingston Pike, Suite 1403
`Knoxville, TN 37922
`(865) 978-6480
`(865) 978-6493 (fax)
`mgooge@robinsoniplaw.com
`
`Taylor A. Williams
`Paine Tarwater & Bickers LLP
`900 South Gay Street, Suite 2200
`Knoxville, TN 37902
`(865) 525-0880
`(865) 521-7441 (fax)
`taw@painetar.com
`
`
`
`
`
`/s/ Seth R. Ogden
`Seth R. Ogden
`
`
`
`Case 3:19-cv-00201-JPM-JEM Document 88 Filed 03/11/22 Page 4 of 4 PageID #: 3037
`
`
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