`Tel: 571-272-7822
`
`
`
`
`Paper 20
`Entered: August 20, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CONOPCO, INC. dba UNILEVER
`Petitioner
`
`v.
`
`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`_______________
`
`Case IPR2014-00506 (Patent 6,974,569 B2)
`Case IPR2014-00507 (Patent 6,451,300 B1)1
`_______________
`
`
`
`Before LORA M. GREEN, GRACE KARAFFA OBERMANN, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Authorization for Further Briefing
`37 C.F.R. § 42.5(a)
`
`
`1 This order addresses issues common to both cases; therefore, we issue a single
`order to be entered in each case. The parties are not authorized to use this style
`heading.
`
`
`
`Case IPR2014-00506 (Patent 6,974,569 B2)
`Case IPR2014-00507 (Patent 6,451,300 B1)
`
`
`By email dated August 15, 2014, counsel for Patent Owner requested a
`
`telephone conference with the Board seeking authorization to file briefs in
`
`opposition to Petitioner’s “Request for Rehearing by an Expanded Panel including
`
`the Chief Administrative Patent Judge under 37 C.F.R. § 42.71(c)-(d)” filed in
`
`each proceeding on August 6, 2014. Papers 19, 19 (Rehearing Requests).2 A call
`
`was conducted on August 19, 2014, between counsel for the parties and Judges
`
`Green, Obermann, and Elluru. Counsel for Patent Owner provided a court reporter
`
`and agreed to file a transcript of the call as an exhibit in each proceeding. This
`
`order summarizes the content of the call. A complete record of the call shall be
`
`reflected in the transcript.
`
`Patent Owner seeks authorization to file briefs in opposition that are limited
`
`to two issues: (1) Whether rehearing by an expanded panel is warranted under the
`
`circumstances of the proceeding; and (2) whether Petitioner’s service of copies of
`
`the Rehearing Requests on the Chief Administrative Patent Judge was improper
`
`and, if so, what relief is requested.
`
`Patent Owner specifically recognized, during the telephone conference, that
`
`such briefs are not authorized expressly by the Board’s rules. Patent Owner argued
`
`that Petitioner’s request for an expanded panel, and Petitioner’s allegedly
`
`unauthorized action of directly serving the Rehearing Requests on the Chief
`
`Administrative Patent Judge, provide good cause for the Board to authorize
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`opposition briefs limited to the above-identified issues. Counsel for Patent Owner
`
`advised that such opposition briefs would include no discussion of the merits of the
`
`Rehearing Requests.
`
`
`2 Paper numbers refer to IPR 2014-00506 and IPR 2014-00507 in sequence.
`
` 2
`
`
`
`
`
`
`
`Case IPR2014-00506 (Patent 6,974,569 B2)
`Case IPR2014-00507 (Patent 6,451,300 B1)
`
`
`Petitioner opposed Patent Owner’s request on the ground that the Board’s
`
`rules do not authorize generally the filing of oppositions to rehearing requests.
`
`Given that Petitioner styled its papers as “Requests for Rehearing by an Expanded
`
`Panel including the Chief Administrative Patent Judge,” however, we concluded
`
`that Petitioner is of the view that there is something extraordinary about these
`
`requests that takes them outside the scope of a standard request for rehearing. We,
`
`therefore, granted Patent Owner authorization to file a 5-page opposition brief, in
`
`each proceeding, on or before August 26, 2014. Upon Petitioner’s request, we also
`
`granted Petitioner leave to file a 3-page reply brief, in each proceeding, on or
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`before August 29, 2014.
`
`The briefs authorized by this order shall be limited to addressing the two
`
`issues identified above, without any discussion of the merits of the cases. The
`
`briefs authorized by this order shall comply with the Board’s formatting
`
`requirements. 37 C.F.R. § 42.6 (a). The page limits authorized in this order shall
`
`not include the caption page, a table of contents, a table of authorities, counsel’s
`
`signature block, the certificate of service, or any appendix of exhibits.
`
`
`
`It is
`
`ORDERED that Patent Owner is authorized to file, no later than Tuesday,
`
`August 26, 2014, an opposition brief, in each proceeding, that complies with the
`
`instructions set forth in this order;
`
`FURTHER ORDERED that Petitioner is authorized to file, no later than
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`Friday, August 29, 2014, a reply brief, in each proceeding, that complies with the
`
`instructions set forth in this order.
`
` 3
`
`
`
`
`
`
`
`
`
`Case IPR2014-00506 (Patent 6,974,569 B2)
`Case IPR2014-00507 (Patent 6,451,300 B1)
`
`
`
`
`PETITIONER:
`
`Joseph Meara
`jmeara-pgp@foley.com
`
`Michael Houston
`mhouston@foley.com
`
`Jeanne Gills
`jmgills@foley.com
`
`
`
`PATENT OWNER:
`
`David Maiorana
`dmaiorana@JonesDay.com
`
`John Biernacki
`jvbiernacki@jonesday.com
`
`Michael Weinstein
`msweinstein@jonesday.com
`
`Steven Miller
`miller.sw@pg.com
`
`Kim Zerby
`zerby.kw@pg.com
`
`Carl Roof
`roof.cj@pg.com
`
`Angela Haughey
`haughey.a@pg.com
`
`
` 4
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