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`Case 2:22-cv-00002-EWH-DEM Document 54 Filed 01/10/23 Page 1 of 4 PageID# 1615
`
`IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF VIRGINIA
`NORFOLK DIVISION
`
`CENTRIPETAL NETWORKS, INC.,
`
`Plaintiff,
`
`v.
`
`KEYSIGHT TECHNOLOGIES, INC.,
`
`Defendant.
`
`Case No. 2:22-cv-00002-EWH-DEM
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`NOTICE OF DEFENDANT’S FILING OF
`ADDITIONAL PETITIONS FOR INTER PARTES REVIEW OF ASSERTED
`PATENTS AND INSTITUTION DECISION
`
`
`
`
`
`
`
`Defendant Keysight Technologies, Inc. (“Keysight”) hereby provides notice that on January
`
`6, 2023, Keysight filed three additional petitions with the Patent Trial and Appeal Board (“PTAB”)
`
`requesting institution of Inter Partes Review (“IPR”) of (1) claims 1-27 of US Patent No. 10,785,266,
`
`(2) claims 1-20 of US Patent No. 10,567,343, and (3) claims 1-33 of US Patent No. 11,012,474. In
`
`addition, on December 19, 2022, the PTAB issued an institution decision instituting review of US
`
`Patent No. 10,193,917.
`
`The table below reflects the status of the IPRs requested by Keysight with respect to the
`
`patents asserted in this case, as well an indication of which patents are also asserted against Keysight
`
`in the ITC, and the remaining patents asserted in this case for which no IPRs were filed. In total,
`
`Keysight filed IPR petitions on eight out of the eleven patents asserted in this case. One of the three
`
`on which Keysight did not pursue an IPR petition, U.S. Patent No. 9,264,370, is among those asserted
`
`in the ITC action (as reflected below).
`
`
`
`
`
`
`
`

`

`
`
`Case 2:22-cv-00002-EWH-DEM Document 54 Filed 01/10/23 Page 2 of 4 PageID# 1616
`
`Patent No.
`
`9,264,370
`
`PTAB Institution
`Decision Deadline1
`
`
`Date/Outcome of
`Institution Decision
`
`
`Asserted
`In ITC?
`Yes
`
`IPR Filing
`IPR Case
`Date
`No.
`Not eligible for IPR
`June 2,
`10,193,917 IPR2022-01097
`2022
`10,681,009 IPR2022-01421 Aug. 12,
`2022
`10,284,526 IPR2022-01525 Sept. 12,
`2022
`10,609,062 IPR2022-01535 Sept. 13,
`2022
`10,511,572 IPR2022-01607 Sept. 30,
`2022
`Jan. 6,
`2023
`Jan. 6,
`2023
`Jan. 6,
`2023
`
`
`10,785,266 IPR2023-00445
`
`10,567,343 IPR2023-00446
`
`11,012,474 IPR2023-00448
`
`10,659,573 No IPR Filed
`
`10,924,456 No IPR Filed
`
`
`
`
`
`Dated: January 10, 2023
`
`
`
`
`Yes
`
`No
`
`Yes
`
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`No
`
`
`
`
`
`March 1, 2023
`
`April 20, 2023
`
`April 20, 2023
`
`April 21, 2023
`
`July 2023
`
`July 2023
`
`July 2023
`
`
`
`
`
`Dec. 19, 2022
`IPR Instituted
`
`
`
`
`
`
`
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`
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`
`
`
`
`By:
`
`Respectfully submitted,
`
`/s/
`William R. Poynter (VSB #48672)
`KALEO LEGAL
`4456 Corporation Lane, Suite 135
`Virginia Beach, VA 23462
`Telephone: (757) 238-6383
`Facsimile: (757) 304-6175
`wpoynter@kaleolegal.com
`
`Jonah D. Mitchell
`jmitchell@reedsmith.com
`Christine M. Morgan
`Email: cmorgan@reedsmith.com
`John P. Bovich
`Email: jbovich@reedsmith.com
`
`
`The institution decision deadlines depend on the dates of notices from the PTAB
`1
`indicating that the requests to institute IPR have been granted filing dates. See 37 C.F.R. § 42.107(b)
`(setting deadline for a preliminary response based on the date of a notice according a filing date); 35
`U.S.C. § 314(b) (setting timing for Board to determine whether to institute an IPR based on the timing
`of a preliminary response filing). The IPR institution deadlines for the recently filed petitions are
`estimated because such notices have not yet been received.
`- 2 -
`
`
`
`

`

`
`
`Case 2:22-cv-00002-EWH-DEM Document 54 Filed 01/10/23 Page 3 of 4 PageID# 1617
`
`Seth Herring
`sherring@reedsmith.com
`Reed Smith LLP (CA-NA)
`101 Second St
`Suite 1800
`San Francisco, CA 94105
`Phone: (415) 543-8700
`Fax: (415) 391-8269
`PRO HAC VICE
`Counsel for Keysight Technologies, Inc.
`
`- 3 -
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`

`

`
`
`Case 2:22-cv-00002-EWH-DEM Document 54 Filed 01/10/23 Page 4 of 4 PageID# 1618
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I electronically filed the foregoing on January 10, 2023 with the Clerk
`
`of Court using the CM/ECF system, which will send a notification of such filing to all registered
`
`users.
`
`
`
`By: /s/ William R. Poynter
`William R. Poynter (VSB #48672)
`KALEO LEGAL
`4456 Corporation Lane, Suite 135
`Virginia Beach, VA 23462
`Telephone: (757) 238-6383
`Facsimile: (757) 304-6175
`Email: wpoynter@kaleolegal.com
`
`
`
`- 4 -
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`

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