`571.272.7822
`
`
`
` Paper 28
`
` Entered: June 5, 2019
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY, LLC,
`Patent Owner.
`____________
`
`CBM2018-00024 (Patent 8,577,813 B2)
`CBM2018-00025 (Patent 8,577,813 B2)1
`______________
`
`
`
`
`Before PATRICK R. SCANLON, GEORGIANA W. BRADEN, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`
`BRADEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 The Order concerns a matter applicable to both proceedings. We exercise
`our discretion to file a single Order in both cases. The parties, however, are
`not authorized to use this caption.
`
`
`
`
`
`
`
`CBM2018-00024 (Patent 8,577,813 B2)
`CBM2018-00025 (Patent 8,577,813 B2)
`
`Patent Owner contacted the Board by email on June 3, 2019,
`requesting authorization to file motions to strike certain arguments and
`evidence submitted by Petitioner or, in the alternative, to file responsive
`declarations with Patent Owner’s Sur-replies. Petitioner opposes Patent
`Owner’s request to file motions to strike or responsive
`declarations. Specifically, in its own separate email, Petitioner argues that
`Patent Owner’s request to file motions to strike is late per the 2018 Revised
`Trial Practice Guide.
`The 2018 Revised Trial Practice Guide states:
`Generally, authorization to file a motion to strike should be
`requested within one week of the allegedly improper submission.
`The Board will consider such requests on a case-by-case basis.
`See 2018 Revised Trial Practice Guide,
`https://www.uspto.gov/sites/default/files/documents/2018_Revised_Trial_Pr
`actice_Guide.pdf at page 18. Based on (1) the Trial Practice Guide’s
`indication that the one week deadly is not a strict deadline but only applied
`generally because the Board will consider each case individually, and (2) the
`intervening federal holiday on Monday, May 27, 2019, we determine that
`Patent Owner’s request is timely and is authorized.
`In consideration of the foregoing, it is:
`ORDERED that Patent Owner may file a motion to strike by June 11,
`2019; and
`FURTHER ORDERED that Petitioner may file an opposition to
`Petitioner’s motion by June 19, 2019; and
`FURTHER ORDERED that Patent Owner may file a reply to Patent
`Owner’s opposition by June 24, 2019.
`
`
`
`2
`
`
`
`
`
`CBM2018-00024 (Patent 8,577,813 B2)
`CBM2018-00025 (Patent 8,577,813 B2)
`
`PETITIONER:
`
`Monica Grewal
`Ben Fernandez
`Kelvin Chan
`Mark Selwyn
`WILMER CUTLER PICKERING HALE AND DORR LLP
`monica.grewal@wilmerhale.com
`ben.fernandez@wilmerhale.com
`mark.selwyn@wilmerhale.com
`kelvin.chan@wilmerhale.com
`
`
`PATENT OWNER:
`
`James M. Glass
`Tigran Guledjian
`Christopher A. Mathews
`Nima Hefazi
`Richard Lowry
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`tigranguledjian@quinnemanuel.com
`chrismathews@quinnemanuel.com
`nimahefazi@quinnemanuel.com
`richardlowry@quinnemanuel.com
`
`
`
`
`3
`
`
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