`Date: July 20, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00413
`Patent 7,365,871 B2
`_______________
`
`Before JAMESON LEE and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2015-00413
`Patent 7,365,871 B2
`
`
`On July 17, 2015, a conference call was held. The participants were
`
`respective counsel for the parties and Judges Lee and Clements. Counsel for
`Patent Owner initiated the call to request authorization to file an opposition
`to Petitioner’s Request for Rehearing (Paper 14) of the Board’s Decision
`(Paper 13) not to institute inter partes review in this proceeding.
`
`We explained that if, on the basis of the rehearing request itself, we
`can determine that it is without merit, an opposition is not necessary, and
`that in that circumstance we would prefer not to have an opposition in the
`file. We also explained that at this time there is no time running against
`Patent Owner to file an opposition and no opposition is required. We further
`explained that the rehearing request would not be granted without first
`providing Patent Owner an opportunity to oppose. In light of the foregoing,
`counsel for Patent Owner withdrew the request to file an opposition at this
`time but indicated that Patent Owner would like an opportunity to oppose
`prior to any granting of Petitioner’s Request for Rehearing.
`
`It is
`
`ORDERED that prior to any granting of Petitioner’s Request for
`Rehearing, Patent Owner will be given an opportunity to oppose; and
`
`FURTHER ORDERED that Patent Owner is not authorized to file an
`opposition at this time.
`
`
`
`
`2
`
`
`
`
`IPR2015-00413
`Patent 7,365,871 B2
`
`FOR PETITIONER:
`
`
`
`
`
`Brian Buroker
`Blair Silver
`GIBSON, DUNN & CRUTCHER LLP
`bburoker@gibsondunn.com
`bsilver@gibsondunn.com
`
`FOR PATENT OWNER:
`Robert C. Curfiss
`bob@curfiss.com
`
`David O. Simmons
`IVC Patent Agency
`dsimmons@sbcglobal.net
`
`
`
`3
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