`571-272-7822
`
`
`Paper No. 37
`
`Entered: October 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SYMANTEC CORP., and
`BLUE COAT SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-018921
`Patent 8,677,494 B2
`____________
`
`
`
`Before JAMES B. ARPIN, ZHENYU YANG, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 Case IPR2016-00890 has been joined with the instant proceeding.
`
`
`
`IPR2015-01892
`Patent 8,677,494 B2
`
`
`In an email message dated October 23, 2016, Patent Owner requested
`a conference call with the Board under 37 C.F.R. § 42.5, to request
`permission to file a paper identifying portions of Petitioner’s Reply
`(Paper 31) that Patent Owner believes raise new issues or belatedly present
`evidence.
`The panel has considered Patent Owner’s request, and a conference is
`not necessary. Patent Owner is authorized to file a paper calling the Board’s
`attention to those portions of Petitioner’s Reply that are believed by Patent
`Owner to raise new issues or belatedly present evidence. The paper should
`be in the form of a list providing the location and a concise description of
`any portion of the Petitioner’s Reply that Patent Owner wishes to draw to the
`Board’s attention, but it shall not contain argument. The paper is limited to
`two pages and should be filed by Due Date 4.
`We also authorize Petitioner to file a paper in response to Patent
`Owner’s submission. If filed by Petitioner, this paper should identify, in an
`itemized manner, what Petitioner regards as the material contained in the
`Patent Owner Response which triggered or caused the Petitioner to include
`in its Reply each item listed by Patent Owner or where each item listed by
`Patent Owner appears in the Petition, but it shall not contain argument. This
`paper is also limited to two pages and should be filed by Due Date 5.
`In rendering its Final Written Decision, the Board will determine what
`weight, if any, is to be given to all of the presented evidence and arguments
`in accordance with the rules of the Board.
`It is
`ORDERED that the parties are authorized to file the above-discussed
`papers consistent with the requirements and deadlines set forth in this Order.
`
`
`
`2
`
`
`
`IPR2015-01892
`Patent 8,677,494 B2
`
`For PETITIONER:
`
`Joseph J. Richetti
`Daniel A. Crowe
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`dacrowe@bryancave.com
`
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`For PATENT OWNER:
`
`James Hannah
`Jeffrey H. Price
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`
`Michael Kim
`FINJAN, INC.
`mkim@finjan.com
`
`
`
`3
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