Broadband iTV, Inc.Download PDFPatent Trials and Appeals BoardApr 1, 2021IPR2020-01359 (P.T.A.B. Apr. 1, 2021) Copy Citation Trials@uspto.gov Paper 25 571-272-7822 Date: April 1, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD DISH NETWORK L.L.C., Petitioner, v. BROADBAND iTV, INC., Patent Owner. IPR2020-01359 Patent 9,648,388 B2 Before JEFFREY S. SMITH, JUSTIN T. ARBES, and DANIEL J. GALLIGAN, Administrative Patent Judges. SMITH, Administrative Patent Judge. DECISION Denying Patent Owner’s Request for Rehearing of Decision on Institution 37 C.F.R. § 42.71(d) I. INTRODUCTION Patent Owner filed a Request for Rehearing (Paper 18, “Req. Reh’g”) of our Decision (Paper 15, “Dec.”) to institute an inter partes review of claims 1–19 of U.S. Patent No. 9,648,388 B2 (Ex. 1001, “the ’388 patent”). Petitioner contends that we “misapprehended or overlooked key facts and legal precedent, and abused [our] discretion when evaluating and weighing” IPR2020-01359 Patent 9,648,388 B2 2 the factors set forth in Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential) (“Fintiv”). Req. Reh’g 1. Patent Owner also “suggests Expanded Panel Review to secure and maintain uniformity in applying [Fintiv] and its progeny.” Id. Our governing statutes and regulations do not provide for parties to request, or panels to authorize, an expanded panel. See generally 35 U.S.C. § 6; 37 C.F.R. §§ 41.1–42.412. The Chief Judge, however, may consider panel expansion upon a “suggestion” from a judge, panel, or party. PTAB Standard Operating Procedure (SOP) 1,1 15; see also Apple Inc. v. Rensselaer Polytechnic Inst., IPR2014-00319, Paper 20 at 2 n.1 (PTAB Dec. 12, 2014) (expanded panel) (per curiam). The Standard Operating Procedure exemplifies some of the reasons for which the Chief Judge may expand a panel. PTAB SOP 1, 15 (§ III.M). For example, an expanded panel may be appropriate “to secure and maintain uniformity of the Board’s decisions, e.g., in related cases ordinarily involving different three judge panels.” Id. (§ III.M.1). Upon receiving the Rehearing Request, we followed the procedure set forth in § III.M.3 of SOP 1 regarding a suggestion for an expanded panel. In this case, the Chief Judge has considered Patent Owner’s suggestion for an expanded panel but has determined that an expanded panel is not warranted. For the reasons stated below, Patent Owner’s Request for Rehearing is denied. 1 Available at https://www.uspto.gov/sites/default/files/documents/ SOP%201%20R15%20FINAL.pdf. IPR2020-01359 Patent 9,648,388 B2 3 II. STANDARD OF REVIEW When rehearing a decision on petition, the Board will review the decision for an abuse of discretion. 37 C.F.R. § 42.71(c). “An abuse of discretion occurs if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if the decision represents an unreasonable judgment in weighing relevant factors.” Arnold P’ship v. Dudas, 362 F.3d 1338, 1340 (Fed. Cir. 2004). The party requesting rehearing bears the burden of showing an abuse of discretion, and “[t]he request must specifically identify all matters the party believes the Board misapprehended or overlooked.” 37 C.F.R. § 42.71(d). III. ANALYSIS A. Patent Owner’s Request to Admit New Evidence Before turning to Patent Owner’s arguments regarding discretionary denial under 35 U.S.C. § 314, we consider Patent Owner’s request to admit new evidence into the record. See Req. Reh’g 1–2. A precedential Board decision advises that, [i]deally, a party seeking to admit new evidence with a rehearing request would request a conference call with the Board prior to filing such a request so that it could argue “good cause” exists for admitting the new evidence. Alternatively, a party may argue “good cause” exists in the rehearing request itself. Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC, IPR2018-00816, Paper 19 at 4 (PTAB Jan. 8, 2019) (precedential). “Absent a showing of ‘good cause’ prior to filing the request for rehearing or in the request for rehearing itself, new evidence will not be admitted.” Patent Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019), 90, available at https://www.uspto.gov/TrialPracticeGuideConsolidated. At Patent IPR2020-01359 Patent 9,648,388 B2 4 Owner’s request, we held a conference call with the parties before Patent Owner filed its rehearing request to hear arguments on whether good cause exists to admit certain new evidence. See Ex. 2034 (transcript of February 2, 2021, conference call). During the call, Patent Owner sought authorization to file three items in this proceeding: (1) Petitioner’s, Final Invalidity Contentions and relevant claim charts served January 8, 2021, in Broadband iTV, Inc. v. DISH Network, L.L.C., Case No. 6:19-cv-716 (W.D. Tex.)2 (“the Texas case”); (2) AT&T Services, Inc., AT&T Communications, LLC, and DIRECTV, LLC’s Final Invalidity Contentions and relevant claim charts served January 29, 2021, in Broadband iTV, Inc. v. AT&T Services, Inc., Case No. 6:19-cv-712 (W.D. Tex.), and Broadband iTV, Inc. v. DirecTV, LLC, Case No. 6:19-cv-714 (W.D. Tex.) (consolidated into Case No. 6:19-cv-712, “the AT&T case”); and (3) a PACER report of the current docket in the Texas case. Ex. 2034, 4:18–5:6. Patent Owner explained that Petitioner’s final invalidity contentions “include about 180 claim charts that total about 7,500 pages” and that “AT&T’s [final invalidity] contentions include about 50 charts totaling over 17,000 pages.” Id. at 7:24–8:3. Patent Owner argued that good cause exists to admit this evidence, which Petitioner disputed. See generally id. On the call, we expressed concern with the volume of information Patent Owner sought to introduce, and Patent Owner agreed to file a much smaller volume of information (approximately 1,000 pages). Id. at 23:24–31:1. We reserved ruling on Patent Owner’s request to admit the new 2 We refer to the United States District Court for the Western District of Texas as “the Texas court.” IPR2020-01359 Patent 9,648,388 B2 5 evidence because, at that point, we could not reach a “good cause” determination without knowing exactly what Patent Owner would seek to admit, and we instructed Patent Owner to present its arguments regarding good cause in its rehearing request. Id. at 31:8–32:8, 35:5–12. After the conference call, Patent Owner filed a total of 538 pages of evidence in Exhibits 2031–2033, significantly less than the initial volume of evidence it sought to introduce. Having considered the parties’ arguments during the conference call on February 2, 2021, we grant Patent Owner’s request to admit Exhibits 2031–2033 with the Request for Rehearing and discuss the evidence below where relevant. In its Request for Rehearing, Patent Owner also requests that we consider the petition and motion for joinder filed by the defendants in the AT&T case in Case IPR2021-00556 challenging a patent related to the ’388 patent, stating that Patent Owner expects those parties “to also seek joinder in this proceeding.”3 Req. Reh’g 2. Patent Owner argues that the other filings “demonstrate that the Panel should consider the facts and circumstances of the AT&T case.” Id. We discuss the evidence and facts of the AT&T case below where relevant. B. Discretionary Denial Under 35 U.S.C. § 314(a) Patent Owner argues that we “misapprehended or overlooked key facts and abused [our] discretion in evaluating and weighing the Fintiv factors.” Req. Reh’g 2. Patent Owner also argues that we should consider the AT&T case in evaluating the second and fourth Fintiv factors. Id. at 3 The defendants in the AT&T case subsequently filed a petition and motion for joinder with this proceeding in Case IPR2021-00649 on March 12, 2021. IPR2020-01359 Patent 9,648,388 B2 6 5–9. For the reasons explained below, we disagree that we should exercise discretion to deny institution. 1. Whether the Court Granted a Stay or Evidence Exists that One May Be Granted if a Proceeding Is Instituted In the Decision, we stated that “[i]t would be improper to speculate, at this stage, what the Texas court might do regarding a motion to stay, given the particular circumstances of this case.” Dec. 11 (emphasis added). Patent Owner argues that, by stating this, we “expressly declined to evaluate, and thus overlooked, [the] evidence” that Patent Owner introduced with its Preliminary Response. Req. Reh’g 3–5 (citing Paper 8 (“Prelim. Resp.”), 13–14, 17). We disagree. Rather, we evaluated Patent Owner’s arguments and evidence in making our determination. See Dec. 12–13. Further, on May 7, 2020, Petitioner filed a motion to transfer, which has not been decided by the Texas court, and, therefore, has been pending for over ten months. Ex. 2033, 5 (Docket No. 37). As we noted in the Decision, this pending motion introduces some uncertainties as to the current trial schedule in the Texas case, and the same is true as to the possibility for a stay. See Dec. 15–16. After considering Patent Owner’s arguments on rehearing, we maintain that this factor is neutral to the exercise of our discretion. 2. Proximity of the Court’s Trial Date to the Board’s Projected Statutory Deadline for a Final Written Decision After evaluating the parties’ arguments and the evidence of record, we determined that “this factor is, at most, slightly in favor of exercising our discretion to deny the Petition.” Dec. 12–16. In arriving at this IPR2020-01359 Patent 9,648,388 B2 7 determination, we noted that there is a pending motion to transfer in the Texas case that, if granted, “would necessitate a new trial date.” Id. at 15. We also stated that [w]ith respect to the AT&T case (for which Petitioner’s motion to transfer is irrelevant), there does not appear to be significant overlap between Petitioner’s contentions in this proceeding and the invalidity contentions of the defendants in that case (factor 4). Id. at 16 n.4. On rehearing, Patent Owner argues that we should consider the Texas case and the AT&T case “collectively” and that “the AT&T [case], in the same court with the same schedule, mitigates concerns about the pending transfer motion because trial is set more than two months before the projected final decision deadline, AT&T has not filed a motion for stay, and the Panel would duplicate the district court’s efforts.” Req. Reh’g 5–6. Patent Owner also alleges that there is overlap between issues in this proceeding and in the AT&T case. Id. at 6–8. We consider Patent Owner’s arguments as to issue overlap in analyzing Fintiv factor 4 below. As to Patent Owner’s reliance on the AT&T case for factor 2, we agree with Patent Owner that the lack of a transfer motion in that case mitigates the particular concern we raised in the Decision regarding the pending transfer motion in the Texas case. But the AT&T case raises a different issue that works against Patent Owner for this factor. As we discussed in the Decision, Petitioner pointed out that the Texas court has issued orders delaying trials due to the COVID-19 pandemic, and Petitioner argued that these trials will need to be rescheduled, which will cause cascading delays that affect other trials. See Paper 1 (“Pet.”) at 8–10 (citing Exs. 1020–1024, 1028–1030); Dec. 13. Patent IPR2020-01359 Patent 9,648,388 B2 8 Owner countered that these orders “permit different divisions in the Western District [of Texas] to make their own determinations whether to proceed with jury trials based on the situation in their locations” and that, “[o]n August 18, 2020, Judge Albright issued a Divisional Standing Order Regarding Trials In Waco indicating that the Waco ‘Division may safely conduct trials.’” Prelim. Resp. 18–19 (citing Exs. 1028, 1029, 2006, 2007). The AT&T case, however, was transferred to the Austin Division of the Texas court, although it was kept on the docket of Judge Albright. Ex. 3004 (Order Transferring Case to the Austin Division). The Orders cited by Patent Owner (Exhibits 2006 and 2007) govern trials in the Waco Division. Because the AT&T case is in the Austin Division where jury trials have been delayed, we cannot ignore that the AT&T case introduces potential delay issues that are not present in the Texas case. We already determined that Fintiv factor 2, at most, slightly favors exercising discretion to deny. Dec. 16. The AT&T case introduces issues that effectively balance each other out, as discussed above. Therefore, we maintain that this factor slightly favors exercising discretion to deny. 3. Investment in the Parallel Proceeding by the Court and the Parties In the Decision, we determined that “this factor weighs strongly against exercising our discretion to deny the Petition.” Dec. 17–20. On rehearing, Patent Owner argues that we (1) “misapprehended or overlooked the parties’ significant investment in the parallel litigation,” and (2) “overstated [Petitioner]’s purported diligence in filing the [P]etition.” Req. Reh’g 9–13. We address each of these in turn. IPR2020-01359 Patent 9,648,388 B2 9 a) The Parties’ Investment in the Parallel Litigation Patent Owner argues that, in the Decision, we focused on the Texas court’s actions in ruling on claim construction and on Petitioner’s motion to dismiss under 35 U.S.C. § 101 but overlooked the parties’ investment in briefing and arguing these matters. Req. Reh’g 10. We did not overlook these efforts; we expressly addressed them. Dec. 17–19. Patent Owner simply disagrees with our assessment, but this is not the purpose of a rehearing request. See supra Section II. Further, in support of its argument regarding the parties’ investment in claim construction and § 101 briefing, Patent Owner merely refers to various entries on the docket of the Texas case. Req. Reh’g 10 (citing Ex. 2033, Docket Nos. 17, 28, 32, 56, 62–64, 67, 68). Patent Owner discussed these efforts in its previous briefing and, therefore, is simply rearguing its case on rehearing. See Prelim. Resp. 22. Again, we considered, and did not overlook, what Patent Owner cited. Patent Owner further argues that, “other than noting that [Patent Owner] indicated final infringement and invalidity contentions would be served before the institution decision on January 8, 2021, the Panel overlooked the parties’ significant investments in preparing final contentions.” Req. Reh’g 10 (citing Dec. 18). We did not overlook these efforts; rather, we expressly considered them along with the fact that discovery had only recently begun and expert discovery does not begin until June 2021. Dec. 18–19. Further, it is not clear on this record why the effort Patent Owner expended in preparing final infringement contentions was “significant” because the contentions are not in the record. Petitioner submitted Exhibit 1027, which is a cover document for Patent Owner’s preliminary infringement contentions in the Texas case. Exhibit 1027 itself IPR2020-01359 Patent 9,648,388 B2 10 is four pages, one of which is the signature page, and mostly recites boilerplate. This document does not show any significant level of investment. Exhibit 1027 states that Patent Owner’s “preliminary infringement contentions are attached hereto as Exhibits 1–4,” each of which corresponds to a different patent involved in inter partes reviews: Exhibit 1 (U.S. Patent No. 10,028,026 B2 (IPR2020-01267)), Exhibit 2 (U.S. Patent No. 10,506,269 B2 (IPR2020-01332)), Exhibit 3 (U.S. Patent No. 9,998,791 B2 (IPR2020-01280)), and Exhibit 4 (the ’388 patent). None of these exhibits has been entered in this proceeding, but in Case IPR2020-01267, Petitioner submitted the claim chart for the challenged patent in that case as Exhibit 1027. That claim chart has screen shots of Petitioner’s products and links to websites to show how each element of the asserted claims is allegedly met, which is what one would expect from an infringement claim chart in the ordinary course of litigation. Patent Owner did not seek to enter its final infringement contentions with its Request for Rehearing, and, therefore, we can only speculate as to the level of effort expended in their preparation, which Patent Owner characterizes as “significant.” See Req. Reh’g 10. Patent Owner also argues that Petitioner’s “submission (and [Patent Owner’s] subsequent consideration) of the final invalidity contentions served January 8, 2021, including about 180 claim charts,” favors exercising discretion to deny. Id. at 9–10. We can only speculate as to how much effort Patent Owner expended in its “consideration” of Petitioner’s contentions, but, regardless, in instituting review we considered the portions of the final invalidity contentions filed by Patent Owner. See Dec. 19. Patent Owner also argues that “[t]he [Texas] court and [Patent Owner] have also invested heavily in the related AT&T case, which presents IPR2020-01359 Patent 9,648,388 B2 11 overlapping invalidity considerations and should be considered when evaluating efficient use of judicial resources.” Req. Reh’g 10–11 (citing Paper 12, 2). The defendants in the AT&T case are not parties to this proceeding.4 Patent Owner does not detail the efforts made by the Texas court and Patent Owner in the AT&T case, but argues that both the Texas case and the AT&T case are “in the same court with the same schedule,” which suggests similar efforts have been made in both cases and does not tip the scale any further in favor of exercising discretion to deny. See id. at 6. We note, though, that because the final invalidity contentions in the AT&T case were served on January 29, 2021, the only efforts by Patent Owner to review the contentions before our Institution Decision could have been during the two weeks between that date and February 12, 2021 (the date of our Decision). b) Diligence in Filing Petition In the Decision, we stated that Petitioner’s filing of the Petition within three months of receiving Patent Owner’s preliminary infringement contentions indicated diligence that weighs against exercising discretion to deny. Dec. 19–20. On rehearing, Patent Owner argues that this is inconsistent with a precedential decision of the Board. Req. Reh’g 11–13 (citing Snap, Inc. v. SRK Tech. LLC, IPR2020-00820, Paper 15 at 11 (PTAB Oct. 21, 2020) (precedential as to § II.A) (“Snap”)). Patent Owner, however, focuses only on the timing of the Petition in relation to the identification of asserted claims. In the Decision, we noted that Petitioner 4 No decision on either the petition or motion for joinder filed by AT&T and DIRECTV in Case IPR2021-00649 has been made at this time. IPR2020-01359 Patent 9,648,388 B2 12 filed the Petition “approximately three months after receiving notice of Patent Owner’s infringement positions for all asserted claims (including those not identified originally in the complaint) and prior to the parties exchanging proposed claim constructions and briefing claim construction issues in the Texas case.” Dec. 20. By contrast, in Snap, the petitioner argued that “the timing of filing enabled the Petition to take into account both parties’ claim construction positions, which resulted in a more focused and thorough petition than what would have been possible even weeks earlier.” Snap, Paper 15 at 12. Thus, the present case is distinguishable from Snap in that Petitioner did not wait until after learning Patent Owner’s claim construction positions to file the Petition. c) Factor 3 Determination Having considered Patent Owner’s arguments on rehearing, we maintain our determination that this factor weighs strongly against exercising our discretion to deny the Petition. See Dec. 20. 4. Overlap Between Issues Raised in the Petition and in the Parallel Proceeding After evaluating the parties’ arguments and the evidence of record, we determined that “there is overlap with respect to the Texas case as to the claims and identified grounds based on Baumgartner, Son, Scheffler, CableLabs, and Baumgartner II,” but found no “significant overlap with respect to the AT&T case.” Dec. 20–22. We concluded that factor 4 “weighs in favor of exercising our discretion to deny the Petition.” Id. On rehearing, Patent Owner argues that we “misapprehended or overlooked the overlap in the AT&T case” because Fintiv “does not require IPR2020-01359 Patent 9,648,388 B2 13 . . . complete overlap with an identical combination of references for factor 4 to favor denial.” Req. Reh’g 6 (emphasis omitted). Patent Owner contends that that the defendants in the AT&T case “challenge[] the same claims under the same statutory ground (obviousness) with combinations that include at least four of the five same references.” Id. at 7–8 (emphasis omitted). As it did in its Preliminary Response, Patent Owner analogizes to Mylan Labs. Ltd v. Janssen Pharmaceutica NV, IPR2020-00440, Paper 17 (PTAB Sept. 16, 2020) (“Mylan”), regarding a second district court case not involving the petitioner seeking inter partes review. See Req. Reh’g 8–9; Prelim. Resp. 14. We are not persuaded. We did not require complete overlap as Patent Owner contends, but rather reviewed the cited invalidity contentions and assessed the degree of overlap between the issues raised in the AT&T case and this proceeding, finding that the overlap was not significant. See Dec. 22. We also disagree with Patent Owner that the AT&T case involves the “same statutory ground” as this proceeding. See Req. Reh’g 7 (emphasis omitted). Petitioner in this proceeding asserts twogrounds: (1) claims 1–13 and 15–19 as unpatentable over Baumgartner, Son, Scheffler, and CableLabs under 35 U.S.C. § 103(a), and (2) claim 14 as unpatentable over Baumgartner, Son, Scheffler, CableLabs, and Baumgartner II under 35 U.S.C. § 103(a). See Pet. 7–8; Dec. 9. The invalidity contentions in the AT&T case list a set of base references (one of which is Baumgartner), and a lengthy list of secondary references for “[e]xample [c]ombinations.” Ex. 2032, 38–47. With respect to Baumgartner in particular, 133 references are listed as potentially being combined with Baumgartner in unspecified “and/or” combinations. Id. at 39–40. Among the 133 references are Son, CableLabs, and Baumgartner II, IPR2020-01359 Patent 9,648,388 B2 14 but not Scheffler. See id. Thus, although there is some overlap, there is less overlap with respect to the AT&T case than we already determined existed with respect to the Texas case. Further, the degree of overlap between this proceeding and the AT&T case is less than the overlap in Mylan, where the panel found that “both litigations and the proposed inter partes review rely primarily upon the same [three] references in their invalidity contentions.” Mylan, Paper 17 at 20–21. The invalidity contentions in Mylan listed specific obviousness grounds identifying the relevant references. Id. (citing Exhibits 2007 and 2008 in that proceeding). By contrast, the invalidity contentions in the AT&T case list myriad different potential combinations, never specifically identifying a ground based on Baumgartner, Son, CableLabs, and Baumgartner II and never identifying any ground based on a combination with Scheffler. See Ex. 2032, 39–40. Regardless, we already determined that Fintiv factor 4 weighs in favor of exercising discretion to deny. Dec. 22. Patent Owner’s reliance on the AT&T case on rehearing does not change our factor 4 determination. 5. Whether the Petitioner and the Defendant in the Parallel Proceeding Are the Same Party In the Decision, we noted that the fact that Petitioner is the defendant in the Texas case “could weigh either in favor of, or against, exercising discretion to deny institution, depending on which tribunal was likely to address the challenged patent first.” Dec. 22–23. We then determined that “this factor is, at most, slightly in favor of exercising our discretion to deny the Petition.” Id. at 23. On rehearing, Patent Owner argues that factor 5 weighs in favor of denial, not “slightly” in favor of denial. Req. Reh’g 13– IPR2020-01359 Patent 9,648,388 B2 15 14. We disagree. In this factor, Fintiv considers whether the Board would be “redoing the work of another tribunal.” Fintiv, Paper 11 at 14. Thus, the timing of the parallel proceeding is relevant to consider in this factor. The factor, at most, slightly favors exercising discretion to deny. Dec. 23. Further, many of Patent Owner’s arguments on rehearing are based on the AT&T case, to which Petitioner is not a party. See Req. Reh’g 6–9. Patent Owner argues that “the AT&T case adds further weight in favor of denying institution under factor 5; it does not subtract weight” because “the AT&T case raises the same or substantially similar issues as” this proceeding. Id. at 14–15 (emphasis omitted). We disagree that the AT&T case raises substantially the same issues as this proceeding for the reasons explained above. See supra Section II.B.4. Fintiv advises that, “[i]f a petitioner is unrelated to a defendant in an earlier court proceeding, the Board has weighed this fact against exercising discretion to deny institution.” Fintiv, Paper 11 at 13–14. Thus, to the extent Patent Owner requests us to reconsider our Decision in light of the AT&T case, this factor weighs against exercising discretion to deny. 6. Other Circumstances that Impact the Board’s Exercise of Discretion, Including the Merits In the Decision, we determined that “the merits in this proceeding, taken as a whole, weigh against discretionary denial.” Dec. 24. Patent Owner does not present any arguments regarding this factor in its Request for Rehearing. IPR2020-01359 Patent 9,648,388 B2 16 7. Overall Reassessment of Fintiv Factors After considering Patent Owner’s arguments on rehearing, we are not persuaded that we misapprehended or overlooked any matters or abused our discretion in declining to exercise discretion to deny institution. IV. CONCLUSION Based on the foregoing discussion, we determine that Patent Owner has not demonstrated that we misapprehended or overlooked any matters in the Decision or abused our discretion. We, therefore, decline to exercise our discretion to deny institution under 35 U.S.C. § 314. V. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Rehearing is denied. IPR2020-01359 Patent 9,648,388 B2 17 FOR PETITIONER: Alyssa Caridis K. Patrick Herman ORRICK, HERRINGTON & SUTCLIFFE LLP a8cptabdocket@orrick.com p52ptabdocket@orrick.com FOR PATENT OWNER: Sal Lim David Alberti Hong Lin Russell Tonkovich FEINBERG DAY KRAMER ALBERTI LIM TONKOVICH & BELLOLI LLP slim@feinday.com dalberti@feinday.com hlin@feinday.com Michael D. Specht Jason A. Fitzsimmons Richard M. Bemben STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. mspecht-ptab@sternekessler.com jfitzsimmons-ptab@sternekessler.com rbemben-ptab@sternekessler.com Kevin Greenleaf DENTONS US LLP kevin.greenleaf@dentons.com Copy with citationCopy as parenthetical citation