`571-272-7822
`
`
`
` Paper 16
`
`Entered: January 10, 2013
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOTOROLA MOBILITY LLC
`Petitioner,
`
`v.
`
`Patent of MICHAEL ARNOUSE
`Patent Owner.
`____________
`
`Case IPR2013-00010 (MT)
`Patent 7,516,484
`____________
`
`
`
`
`
`Before MICHAEL P. TIERNEY, and JONI Y. CHANG, and JENNIFER S. BISK,
`Administrative Patent Judges.
`
`
`CHANG, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Briefing – 37 C.F.R. § 42.20
`
`
`
`
`
`
`
`
`
`
`Case IPR2013-00010 (MT)
`Patent 7,516,484
`
`
`
`A conference call was held on January 10, 2013 involving:
`
`1. Ko-Fang Chang and Steven D. Moore, counsel for Motorola
`2. Lawrence H. Meier and Thomas D. Kohler, counsel for Arnouse
`3. Michael P. Tierney, Joni Y. Chang, and Jennifer S. Bisk, Administrative
`Patent Judges.
`
`
`Arnouse filed a patent owner preliminary response on January 7, 2013,
`
`raising the issue of statutory construction of 35 U.S.C. § 315(b) (“An inter partes
`
`review may not be instituted if the petition requesting the proceeding is filed more
`
`than 1 year after the date on which the petition… is served with a complaint
`
`alleging infringement of the patent.”). At the conference call, the Board offered
`
`Motorola the opportunity to brief on this issue so that the record will be clear on its
`
`position. Motorola orally provided a short summary, and agreed to file a written
`
`brief. The Board also provided Arnouse the opportunity to file a short reply.
`
`Accordingly, it is
`
`ORDERED that Motorola is authorized to file a brief limited to the issue of
`
`statutory construction of 35 U.S.C. § 315(b); the page limit for the brief is 5 pages;
`
`the brief must be filed no later than January 17, 2013; and
`
`FURTHER ORDERED that Arnouse is authorized to file a reply to
`
`Motorola’s brief; the page limit for the reply is 3 pages; the reply must be filed no
`
`later than January 22, 2013.
`
`
`
`
`
`2
`
`
`
`Case IPR2013-00010 (MT)
`Patent 7,516,484
`
`
`
`
`
`PETITIONER:
`
`Ko-Fang Chang,
`Steven D. Moore,
`KILPATRICK TOWNSEND & STOCKTON LLP
`kchang@kilpatricktownsend.com
`smoore@kilpatricktownsend.com
`narobinson@kilpatricktownsend.com
`
`PATENT OWNER:
`
`Lawrence H. Meier,
`Thomas D. Konhler,
`Down Rachlin Martin PLLC
`lmeier@drm.com
`tkohler@drm.com
`
`
`
`
`3
`
`
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