`Entered: July 24, 2015
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`TRISTAR PRODUCTS, INC.,
`Petitioner,
`
`v.
`
`CHOON’S DESIGN, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00838 (Patent 8,485,565 B2)
`Case IPR2015-00840 (Patent 8,622,441 B1)1
`_______________
`
`
`
`Before GRACE KARAFFA OBERMANN, JEREMY M. PLENZLER, and
`JON B. TORNQUIST Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`1 This order addresses issues that are the same in both cases. We exercise
`our discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`
`IPR2015-00838 (Patent 8,485,565 B2)
`IPR2015-00840 (Patent 8,622,441 B1)
`
`
`Tristar Products, Inc. (“Petitioner”) filed Petitions to institute an inter
`
`partes review of certain claims of U.S. Patent Nos. 8,485,565 and 8,622,441.
`
`IPR2015-00838, Paper 1 (“838 Pet.”); IPR2015-00840, Paper 1 (“840 Pet.”).
`
`In the discussion of related litigation, the 838 Petition and 840 Petition each
`
`indicate that “[t]he earliest that Petitioner was served was March 4, 2014.”
`
`838 Pet. 2; 840 Pet 1.
`
`Choon’s Design, LLC (“Patent Owner”) filed a Preliminary Response
`
`in each of IPR2015-00838 and IPR2015-00840. IPR2015-00838, Paper 5
`
`(“838 Prelim. Resp.”); IPR2015-00840, Paper 5 (“840 Prelim. Resp.”). In
`
`each of its Preliminary Responses, Patent Owner contends that “Tristar’s
`
`registered agent was actually first served with the complaint on February 28,
`
`2014.” 838 Prelim. Resp. 1; 840 Prelim. Resp. 1. As a result, Patent Owner
`
`contends that institution of trial in IPR2015-00838 and IPR2015-00840 is
`
`barred under 35 U.S.C. § 315(b) because “Tristar filed its Petition on March
`
`3, 2015, more than one year after it was first served with the complaint in
`
`[Choon’s Design, Inc. v. Tristar Products, Inc., No. 2:14-cv-10848 (E.D.
`
`Mich.)].” 838 Prelim. Resp. 2; 840 Prelim. Resp. 2.
`
`This issue is potentially dispositive to our decision on institution.
`
`Accordingly, Petitioner is authorized to submit a brief having the same
`
`arguments in each proceeding, by July 31, 2015, not to exceed ten (10)
`
`pages, that is limited to responding to Patent Owner’s contentions relative to
`
`35 U.S.C. § 315(b). Arguments not responsive to Patent Owner’s
`
`contentions on this issue shall not be considered.
`
`It is
`
`ORDERED that Petitioner is authorized to submit a brief, having the
`
`same arguments in each of IPR2015-00838 and IPR2015-00840, limited to
`
` 2
`
`
`
`
`
`
`
`IPR2015-00838 (Patent 8,485,565 B2)
`IPR2015-00840 (Patent 8,622,441 B1)
`
`ten (10) pages, responsive only to the issues raised by Patent Owner relative
`
`35 U.S.C. § 315(b), by July 31, 2015; and
`
`FURTHER ORDERED that Patent Owner is not authorized to file any
`
`responsive briefing at this time.
`
`
`
`
`
` 3
`
`
`
`
`
`
`
`IPR2015-00838 (Patent 8,485,565 B2)
`IPR2015-00840 (Patent 8,622,441 B1)
`
`
`PETITIONER:
`
`Noam J. Kritzer
`Ryan S. McPhee
`BAKOS & KRITZER
`nkritzer@bakoskritzer.com
`rmcphee@bakoskritzer.com
`
`
`
`PATENT OWNER:
`
`John Siragusa
`Anthony Cho
`CARLSON, GASKEY & OLDS, P.C.
`jsiragusa@cgolaw.com
`acho@cgolaw.com
`
`
`
` 4
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