`571-272-7822
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` Paper 12
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` Entered: November 24, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`OCEAN TOMO LLC,
`
`Petitioner,
`v.
`PATENT RATINGS LLC,
`Patent Owner.
`
`
`Case CBM2015-00157
`Patent 9,075,849 B2
`
`
`Before BARRY L. GROSSMAN, KRISTINA M. KALAN, and PETER P.
`CHEN, Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §42.5
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`
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`
`
`CBM2015-00157
`Patent 9,075,849 B2
`
`
`On October 26, 2015, Patent Owner filed a Preliminary Response,
`arguing, inter alia, in Section II of the Preliminary Response that Petitioner
`fails to meet the eligibility requirements of 37 C.F.R. § 42.302(a) to pursue
`CBM review of U.S. Patent No. 9,075,859. Paper 10. During a conference
`call held on November 20, 2015, between counsel for the parties and Judges
`Grossman, Kalan, and Chen, Petitioner requested authorization to file a
`Reply to the Preliminary Response to address Patent Owner’s arguments.
`Patent Owner opposed Petitioner’s request.
`Upon consideration of the positions of the parties, we authorize
`Petitioner to file a Reply, of up to five (5) pages (including any evidentiary
`showing), limited to addressing the issues raised in Section II of the
`Preliminary Response.
`It is ORDERED that Petitioner is authorized to file a Reply to the
`Preliminary Response by December 1, 2015, limited to five (5) pages,
`without any incorporation by reference, and limited to addressing Patent
`Owner’s arguments made in Section II of the Preliminary Response;
`Petitioner may include new evidence, filed in the form of exhibits in
`accordance with Board rules, in support of the arguments in the authorized
`Reply.
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`2
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`CBM2015-00157
`Patent 9,075,849 B2
`
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`PETITIONER:
`Robert S. Rigg, Esquire
`VEDDER PRICE P.C.
`rrigg@vedderprice.com
`
`
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`PATENT OWNER:
`James A. Cooke, III
`Joshua L. Goldberg
`Jonathan Barney
`FINNEGAN, HENDERSON, FARABOW, GARRETT &
`DUNNER, LLP
`james.cooke@finnegan.com
`joshua.goldberg@finnegan.com
`jbarney@patentratings.com
`
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`3
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