`571-272-7822
`
`
`Paper No. 10
` Entered: July 5, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HP, INC.,
`Petitioner,
`
`v.
`
`MEMJET TECHNOLOGY, LTD.,
`Patent Owner.
`
`
`
`Case IPR2016-00537
`Patent 7,156,492 B2
`
`
`
`
`Before JAMESON LEE and JOHN F. HORVATH,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`DECISION
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2016-00537
`Patent No. 7,156,492 B2
`
`
`A conference call was held on July 1, 2016. The participants were
`respective counsel for the parties and Judges Lee and Horvath. The parties
`requested a “stay” of the due date for Patent Owner’s surreply to Petitioner’s
`reply to Patent Owner’s preliminary response. The surreply is due on July 1,
`2016, the day of the conference call. The parties explained that they have
`reached settlement in the proceeding.
`We explained that, generally, settlement discussions should proceed
`concurrently with actions to be taken in the proceeding. However, given
`that the parties represent that the settlement papers already have been signed
`and that all that remains to be done is the filing of a joint motion to
`terminate, there is sufficient reason to extend the due date of the surreply.
`It is
`ORDERED that the due date for Patent Owner’s surreply is extended
`
`from July 1, 2016, to one business day after any denial of a joint motion to
`terminate proceeding, provided that the joint motion to terminate proceeding
`is filed by July 8, 2016;
`
`FURTHER ORDERED that if the parties fail to file by July 8, 2016, a
`joint motion to terminate proceeding, Patent Owner’s surreply remains due
`on July 1, 2016; and
`FURTHER ORDERED that the parties are authorized to file a joint
`motion to terminate proceeding, together with a true copy of any agreement
`or understanding reached in connection with or in contemplation of
`termination of proceeding. See 37 C.F.R. § 42.74(b).
`
`
`
`
`
`2
`
`
`
`IPR2016-00537
`Patent No. 7,156,492 B2
`
`For PETITIONER:
`Dion M. Bregman
`Bradford A. Cangro
`Andrew J. Gray IV
`Jacob A. Snodgrass
`Archis V. Ozarkar
`dbregman@morganlewis.com
`bcangro@morganlewis.com
`andrew.gray@morganlewis.com
`jsnodgrass@morganlewis.com
`nozarkar@morganlewis.com
`
`
`
`For PATENT OWNER:
`James M. Glass
`Marc Kaplan
`John McKee
`jimglass@quinnemanuel.com
`marckaplan@quinnemanuel.com
`johnmckee@quinnemanuel.com
`
`
`
`
`
`3