`Entered: July 14, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NIPRO CORPORATION,
`Petitioner,
`
`v.
`
`NXSTAGE MEDICAL, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00744
`Patent 8,092,414 B2
`____________
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`Case IPR2016-00744
`Patent 8,092,414 B2
`
`On July 13, 2016, Petitioner sent an electronic message to the Board
`
`requesting a conference call with the Board to seek permission to file a
`Reply to Patent Owner’s Preliminary Response “to address three
`mischaracterizations of the prior art made by Patent Owner NxStage in its
`Preliminary Response, the first of which involves a misquotation of a
`reference.”
`Also on July 13, 2016, counsel for Patent Owner sent an electronic
`message to the Board, stating that “NxStage does not agree that its
`[Preliminary Response] includes any ‘mischaracterizations,’ and NxStage
`has notified [Petitioner] Nipro of the correction to the typographical error of
`a single reference numeral in a quote from a patent. NxStage opposes
`Nipro’s request for authorization to file a reply.”
`A conference call is not necessary. Based on the facts of this case, we
`are not persuaded that Petitioner has shown good cause to authorize it to file
`a Reply paper. See 37 C.F.R. § 42.108. The Board anticipates that its
`decision on the Petition will not rely on Patent Owner’s characterization of
`the asserted prior art references, but will rely on the asserted prior art
`references themselves.
`
`It is:
`ORDERED that Petitioner’s request for a conference call is denied;
`
`and
`
`ORDERED that no Reply to Patent Owner’s Preliminary Response is
`authorized at this time.
`
`2
`
`
`
`
`
`
`
`
`
`3
`
`Case IPR2016-00744
`Patent 8,092,414 B2
`
`PETITIONER:
`
`Stephen B. Maebius
`Michael D. Kaminski
`Chase J. Brill
`FOLEY & LARDNER LLP
`smaebius@foley.com
`mkaminski@foley.com
`cbrill@foley.com
`
`PATENT OWNER:
`
`Michael Fleming
`Benjamin Haber
`IRELL & MANELLA LLP
`NiproIPR@irell.com