`
`To: Trials
`
`Cc: Corey Casey; Sitzman, Mike; Best, Tim; Raymond.Miller; Endejann, Nicole; Tobin, David; Chad Landmon; Mark
`Deming
`
`Subject: IPR2025-00464, -465, -466: Petitioner"s Request for Authorization to File a Motion to Strike Declarations
`
`Date: Thursday, February 26, 2026 12:10:25 PM
`
`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,
`
`Petitioner requests authorization to file a motion to strike the declarations of Messrs. Cartt, Mitchnick
`and Hale in the above referenced IPRs given Patent Owner’s refusal to permit the declarants’
`deposition in these IPR proceedings pursuant to 37 CFR 842.51(b)(1)(ii). Patent Owner opposes and
`requests the opportunity to file an opposition in the event the Board grants Petitioner’s request to file
`such a motion.
`
`On February 2nd, Petitioner accepted Patent Owner’s proposed deposition dates for these witnesses
`but on February 10th, Patent Owner notified Petitioner that it was cancelling the depositions. Patent
`Owner indicated that it does not see any basis for Petitioner taking these depositions in these IPR
`proceedings in view of the Board’s February 6th Order denying leave to file a certificate of correction
`and because Petitioner can depose these witnesses in the underlying litigation (and use the
`deposition transcripts from the litigation in this proceeding). Petitioner does not believe either the
`Board’s February 6th Order or the availability of depositions in the underlying litigation absolves
`Patent Owner of its obligations in the IPR under 37 CFR 842.51(b)(1)(ii). Notonly is Patent Owner
`seeking Director review of the February 6" Order, but the litigation schedule does not align with the
`schedule in this proceeding. In addition, protective orders issued in this IPR and the litigation creates
`logistical issues making Patent Owner’s proposal unworkable. The parties continued
`correspondence on this issue has not led to any resolution.
`
`Regards,
`James Murphy
`Shareholder
`
`jpmurphy@polsinelli.com
`713.374.1631
`
`1000 Louisiana Street
`Sixty-Fourth Floor
`Houston, TX 77002
`
`olsinelli.com
`
`Polsinelli PC, Polsinelli LLP in California
`
`
`
`
`
`
`
`
`This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT
`PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE
`PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s)
`named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee,
`you are hereby notified that reading, copying, or distributing this message is prohibited. If you have
`received this electronic mail message in error, please reply to the sender and take the steps necessary to
`delete the message completely from your computer system.
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