`571-272-7822
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`
`
`
`Paper 14
`Entered: February 12, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVAYA INC.
`Petitioner
`
`v.
`
`NETWORK-1 SECURITY SOLUTIONS, INC.
`Patent Owner
`____________
`
`Case IPR2013-00071
`Patent 6,218,930
`
`
`
`Before JAMESON LEE, JONI Y. CHANG, and JUSTIN T. ARBES,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`
`ORDER
`
`On February 11, 2013, a conference call was held between respective
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`counsel for the parties and Judges Lee, Chang, and Arbes. The subject
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`matter of discussion was Patent Owner Network-1 Security Solutions, Inc.’s
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`(“Network-1”) request for authorization to file a reply to Petitioner Avaya
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`Inc.’s (“Avaya”) opposition to Network-1’s motion for pro hac vice
`
`admission of Mr. Greg Dovel. See Papers 11, 12. Counsel for Network-1
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`argued that Network-1 should be given the opportunity to (1) submit
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`evidence and argument regarding the language of the protective orders
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`(Exs. 1017, 1020) in Network-1 Security Solutions, Inc. v. Alcatel-Lucent
`
`USA Inc., et al., E.D. Tex. Case No. 6:11-cv-00492-LED-JDL, and Network-
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`1 Security Solutions, Inc. v. Cisco Systems, Inc., et al., E.D. Tex. Case No.
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`6:08-cv-00030-LED, and Mr. Dovel’s alleged compliance with the same,
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`and (2) submit further evidence and argument regarding Mr. Dovel’s alleged
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`familiarity with the prior art references and other issues in this proceeding.
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`Counsel for Avaya opposed Network-1’s request for a reply, arguing that
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`Network-1 knew about the protective orders prior to filing its motion and
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`should have argued its position in the motion.
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`Replies in connection with motions for pro hac vice admission are not
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`permitted absent authorization from the Board. Paper 5 at 2 (referencing
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`the “Order – Authorizing Motion for Pro Hac Vice Admission” in
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`Case IPR2013-00010, at 3). Having heard from both parties, we do not find
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`the additional evidence that Network-1 seeks to submit in a reply necessary
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`at this time to decide the motion. Nor do we believe additional argument
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`from the parties is necessary. The motion will be decided in due course.
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`In consideration of the foregoing, it is hereby:
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`ORDERED that Network-1 is not authorized to file a reply to
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`Avaya’s opposition to Network-1’s motion for pro hac vice admission of
`
`Mr. Greg Dovel.
`
`
`
`2
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`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`PETITIONER:
`
`Jeffrey D. Sanok
`Jonathan Lindsay
`Crowell & Moring LLP
`JSanok@Crowell.com
`JLindsay@Crowell.com
`
`PATENT OWNER:
`
`Robert G. Mukai
`Charles F. Wieland III
`Buchanan, Ingersoll & Rooney P.C.
`Robert.Mukai@BIPC.com
`Charles.Wieland@BIPC.com
`
`
`
`
`3
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