`571.272.7822
`
`
`
`
`
`Paper No. 25
`Entered: September 15, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD;
`SAMSUNG ELECTRONICS AMERICA, INC.;1
`
`Petitioner,
`
`v.
`
`
`Before LYNNE E. PETTIGREW and JON B. TORNQUIST,
`Administrative Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`AFFINITY LABS OF TEXAS, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-011812
`Patent 8,532,641 B2
`____________
`
`
`
`
`
`
`1 On January 1, 2015, Samsung Telecommunications America, LLC, an
`originally-named Petitioner in this case, was merged into Samsung
`Electronics America, Inc. See IPR2014-01181, Paper 9.
`2 On March 24, 2015, we consolidated IPR2014-01182 and IPR2014-01184
`with IPR2014-01181. IPR2014-01181, Paper 15, 2.
`
`
`
`IPR2014-01181
`Patent 8,532,641 B2
`
`On September 14, 2015, a telephone conference was held between
`
`respective counsel for the parties and Judges Pettigrew and Tornquist.
`Counsel for Patent Owner requested the conference call to seek
`authorization to file a motion to strike or expunge Petitioner’s Reply and
`supporting exhibits.
`
`During the call, Patent Owner asserted that the Reply introduced new
`arguments, including new arguments directed to claim construction and
`priority. As discussed on the call, we authorize Patent Owner to file a five-
`page submission specifically identifying the arguments and evidence
`submitted in the Reply that Patent Owner believes exceed the proper scope
`of a reply. For each issue, Patent Owner’s identification may include a
`short, concise explanation as to why the identified issue is beyond the scope
`of a proper reply; the submission, however, is not a vehicle to argue the
`merits of the Petition, the Patent Owner Response, or the Reply.
`
`We further authorize Petitioner to file a five-page Response to Patent
`Owner’s submission. The Response should, on a point-by-point basis,
`identify by citation specific portions of the Patent Owner Response that
`Petitioner believes justify the arguments and evidence submitted in the
`Reply.
`
`When rendering the Final Written Decision, we will consider both
`submissions.
`
`Based on the foregoing, it is:
`
`ORDERED that Patent Owner’s five-page submission is due on
`September 21, 2015, and Petitioner’s five-page responsive submission is due
`on September 28, 2015.
`
`
`
`
`
`
`2
`
`
`
`IPR2014-01181
`Patent 8,532,641 B2
`
`PETITIONERS:
`J. Steven Baughman
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`
`Gabrielle E. Higgins
`ROPES & GRAY LLP
`gabrielle.higgins@ropesgray.com
`
`PATENT OWNER:
`Ryan M. Schultz
`ROBINS, KAPLAN, MILLER & CIRESI LLP
`rmschultz@rkmc.com
`
`Thomas R. DeSimone
`ROBINS, KAPLAN, MILLER & CIRESI LLP
`trdesimone@rkmc.com
`
`
`
`
`3
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