`571-272-7822
`
`
`Paper No. 33
` Entered: April 26, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`RAYTHEON COMPANY,
`Patent Owner.
`____________
`
`Case IPR2015-01201
`Patent 5,591,678
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, JENNIFER MEYER CHAGNON, and
`JEFFREY W. ABRAHAM Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2015-01201
`Patent 5,591,678
`
`
`On April 25, 2016, a conference call was held involving counsel for
`
`the respective parties and Judges Kokoski, Chagnon, and Abraham. The
`
`purpose of the call was to discuss a Motion to Correct and File
`
`Supplemental and Replacement Exhibits (“Motion”) filed by Patent Owner
`
`on April 1, 2016. See Paper 26.
`
`Intially, we note that Patent Owner filed its Motion without prior
`
`authorization from the Board. We remind the parties that, pursuant to
`
`37 CFR § 42.20(b), authorization is required prior to filing any motions not
`
`authorized in an order of general applicability or otherwise authorized
`
`during the proceeding. For efficiency of the proceeding, we waive the prior
`
`authorization requirement of 37 CFR § 42.20(b) and will consider the
`
`Motion. See 37 CFR § 42.5(b).
`
`During the call, Patent Owner indicated that it is requesting entry of
`
`the supplemental and replacement exhibits to correct a clerical error that
`
`occurred when filing its Patent Owner Response. Petitioner indicated that it
`
`opposes Patent Owner’s Motion. The parties indicated that they would meet
`
`and confer further on this issue.
`
`If an agreement is reached, the parties should email the Board at
`
`Trials@uspto.gov to inform the panel of the parties’ agreement. If the
`
`parties are unable to reach an agreement, Petitioner is authorized to file an
`
`Opposition of no more than five (5) pages, on or before May 2, 2016. Patent
`
`Owner is authorized to file a Reply of no more than three (3) pages, on or
`
`before May 9, 2016.
`
`
`
`2
`
`
`
`IPR2015-01201
`Patent 5,591,678
`
`
`Accordingly, it is
`
`ORDERED that Petitioner is authorized to file an Opposition to Patent
`
`Owner’s Motion. The Opposition shall be no more than five (5) pages and
`
`shall be filed on or before May 2, 2016; and
`
`FURTHER ORDERED that Patent Owner is authorized to file a
`
`Reply to Petitioner’s Opposition. The Reply shall be no more than
`
`three (3) pages and shall be filed on or before May 9, 2016.
`
`
`
`3
`
`
`
`IPR2015-01201
`Patent 5,591,678
`
`PETITIONER:
`
`Matthew A. Smith
`Zhuanjia Gu
`TURNER BOYD LLP
`smith@turnerboyd.com
`gu@turnerboyd.com
`docketing@turnerboyd.com
`
`T. Cy Walker
`Robert Hails
`BAKER & HOSTETLER LLP
`cwalker@bakerlaw.com
`rhails@bakerlaw.com
`
`
`PATENT OWNER:
`
`Thomas J. Filarski
`Stanley A. Schlitter
`John L. Abramic
`Daniel S. Stringfield
`Brian Fahrenbach
`STEPTOE & JOHNSON, LLP
`tfilarski@steptoe.com
`sschlitter@steptoe.com
`jabramic@steptoe.com
`dstringfield@steptoe.com
`bfahrenbach@steptoe.com
`
`
`
`
`4
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