`Tel: 571-272-7822
`
`
`Paper 117
`Entered: May 7, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE MANGROVE PARTNERS MASTER FUND, LTD. and APPLE INC.,
`Petitioner,
`v.
`VIRNETX INC.,
`Patent Owner.
`Case IPR2015-01046
`Patent 6,502,135 B1
`________________________________________
`
`THE MANGROVE PARTNERS MASTER FUND, LTD., APPLE INC.,
`and BLACK SWAMP IP, LLC,
`Petitioner,
`v.
`VIRNETX INC.,
`Patent Owner.
`Case IPR2015-01047
`Patent 7,490,151 B2
`________________________________________
`
`
`Before SCOTT R. BOALICK, Chief Administrative Patent Judge.
`
`BOALICK, Chief Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Additional Briefing
`
`
`
`
`
`
`
`IPR2015-01046 - Patent 6,502,135 B1
`IPR2015-01047 - Patent 7,490,151 B2
`
`
`On May 1, 2020, the Chief Judge issued a General Order regarding
`treatment of certain cases under Arthrex, Inc. v. Smith & Nephew, Inc.,
`941 F.3d 1320 (Fed. Cir. 2019). Paper 106.1 The General Order states that it
`applies to the above-captioned cases and that the Board will hold the cases in
`administrative abeyance pending Supreme Court action. Id.
`By email of May 4, 2020, Petitioner requested guidance and
`authorization “on making a written request to withdraw application of the
`General Order issued by the Chief Judge on May 1 to these proceedings.”
`Ex. 3003. Petitioner states that it believes “that these proceedings are not
`properly the subject of the order and should not be suspended, as any
`suspension will cause undue prejudice.” Id. Petitioner requests a ten-page
`brief to address the issue and does not object to Patent Owner filing a
`responsive brief. Id.
`Patent Owner’s position, included in the email, is that Petitioner may
`not seek rehearing of the General Order, which was not a “decision” that
`may be heard pursuant to 37 C.F.R. § 42.71(d). Id. Patent Owner challenges
`Petitioner’s assertion of undue prejudice. Further, Patent Owner believes
`three-page briefs would allow the parties to adequately address the issue. Id.
`Accordingly, it is hereby ORDERED that Petitioner may file, no later
`than May 14, 2020, a brief of no more than six pages, addressing whether
`the Board should withdraw application of the General Order to these cases;
`and
`
`FURTHER ORDERED that Patent Owner may file, no later than
`May 21, 2020, a responsive brief of no more than six pages.
`
`
`
`
`1 Citations are to the record of IPR2015-01046; similar papers appear in the
`record of IPR2015-01047.
`
`2
`
`
`
`IPR2015-01046 - Patent 6,502,135 B1
`IPR2015-01047 - Patent 7,490,151 B2
`
`
`PETITIONER:
`Abraham Kasdan
`WIGGIN AND DANA LLP
`akasdan@wiggin.com
`
`James T. Bailey
`jtb@jtbaileylaw.com
`
`Jeffrey P. Kushan
`Thomas A. Broughan, III
`Scott M. Border
`SIDLEY AUSTIN LLP
`IPRNotices@sidley.com
`tbroughan@sidley.com
`sborder@sidley.com
`
`Thomas H. Martin
`Wesley C. Meinerding
`MARTIN & FERRARO, LLP
`tmartin@martinferraro.com
`docketing@martinferraro.com
`
`
`PATENT OWNER:
`Joseph E. Palys
`Naveen Modi
`Daniel Zeilberger
`Chetan Bansal
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`danielzeilberger@paulhastings.com
`chetanbansal@paulhastings.com
`
`
`
`3
`
`
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