`571-272-7822
`
`
`
`
`Paper 29
`Date: March 27, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC., SAMSUNG ELECTRONICS AMERICA, INC.,
`and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`MICROGRAFX, LLC,
`Patent Owner.
`_______________
`
`
`
`
`
`Case IPR2014-00532 (Patent 5,959,633)
`Case IPR2014-00533 (Patent 6,057,854)
`Case IPR2014-00534 (Patent 6,552,732 B1)1
`
`_______________
`
`Before SALLY C. MEDLEY, RICHARD E. RICE, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5(c)(1)
`
`
`
`1 We exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`
`Case IPR2014-00532 (Patent 5,959,633)
`Case IPR2014-00533 (Patent 6,057,854)
`Case IPR2014-00534 (Patent 6,552,732 B1)
`
`
`
`On March 25, 2015, a conference call was held involving counsel for
`the respective parties and Judges Medley, Rice, and Parvis. Patent Owner
`initiated the call to seek authorization to file a surreply in each of the
`proceedings. In particular, Patent Owner seeks leave to respond to
`arguments made in Petitioner’s Reply (Paper 25 at 1)2 that Patent Owner is
`not related to original patentee.
`
`Based on the discussion, the parties proposed allowing Patent Owner
`an opportunity to respond to Petitioner’s allegations during any hearing held.
`Provided a hearing is requested and granted, Patent Owner briefly may
`respond during the hearing to arguments made in Petitioner’s Reply that
`Patent Owner is not related to original patentee. Patent Owner, however, is
`not permitted to present evidence not already of record in the files of these
`proceedings in support of the response.
`
`It is
`ORDERED that Patent Owner is not authorized to file a surreply; and
`FURTHER ORDERED that provided a hearing is requested and
`granted, Patent Owner is authorized to briefly respond during the hearing to
`arguments made in Petitioner’s Reply that Patent Owner is not related to
`original patentee; however, Patent Owner is not permitted to present
`evidence not already of record in the files of these proceedings in support of
`the response.
`
`
`
`
`2 Citations are to IPR2014-00532.
`
`2
`
`
`
`
`
`
`Case IPR2014-00532 (Patent 5,959,633)
`Case IPR2014-00533 (Patent 6,057,854)
`Case IPR2014-00534 (Patent 6,552,732 B1)
`
`
`
`
`
`For PETITIONER:
`
`John Phillips
`Michael Hawkins
`FISH & RICHARDSON, P.C.
`phillips@fr.com
`Hawkins@fr.com
`
`
`
`For PATENT OWNER
`
`Douglas Wilson
`Michael Heim
`Nathan Davis
`HEIM, PAYNE & CHORUSH, L.L.P
`dwilson@hpcllp.com
`mheim@hpcllp.com
`ndavis@hpcllp.com
`
`3
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