`Entered: October 3, 2017
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC.,
`MICROSOFT CORPORATION, MICROSOFT MOBILE OY,
`MICROSOFT MOBILE, INC., SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and ZTE (USA) INC.,
`Petitioners,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Cases IPR2016-00757, IPR2016-01228, IPR2016-01229, IPR2016-01345
`Patent 7,881,236 B2
`
`____________
`
`
`
`Before WILLIAM V. SAINDON, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5, 37 C.F.R. § 42.123(b)
`
`
`
`
`
`
`
`IPR2016-00757, IPR2016-01228, IPR2016-01229, IPR2016-01345
`Patent 7,881,236 B2
`
`
`On September 27, 2017, the Board received an email from Patent
`
`Owner’s counsel requesting authorization to submit supplemental
`
`information. Petitioners opposed Patent Owner’s request. A teleconference
`
`to consider the request was held on September 29, 2017, with Judges
`
`Saindon, Boucher, and McMillin and attorneys for all the parties.
`
`After consideration of the arguments of counsel for all the parties,
`
`Patent Owner is authorized to file a motion for submission of supplemental
`
`information under 37 C.F.R. § 42.123(b) limited to 5 pages. Patent Owner is
`
`also authorized to submit the proposed supplemental information as an
`
`exhibit labelled “Patent Owner’s Submission of Proposed Supplemental
`
`Information Pursuant to Motion filed Under 37 C.F.R. § 42.123(b).” The
`
`Board understands that the proposed supplemental information consists of
`
`excerpts from the transcript of deposition testimony of one witness taken in
`
`District Court litigation involving Patent Owner and Samsung.
`
`Each Petitioner is authorized to file an opposition to the motion for
`
`submission of supplemental information limited to 5 pages. Although not
`
`required, the Board requests that the Petitioners combine some or all of their
`
`oppositions. In addition, the Samsung Petitioners are authorized to file as an
`
`exhibit excerpts from the same deposition transcript from which Patent
`
`Owner submits excerpts in order that the testimony proffered by Patent
`
`Owner may be understood in context and for completeness. If the Samsung
`
`Petitioners elect to file such an exhibit, it shall include the portions of the
`
`transcript submitted by Patent Owner and the transcript shall be marked in
`
`such a manner that it may be readily determined from black and white copies
`
`which portions of the transcript were proffered by Patent Owner and which
`
`portions of the transcript were proffered by the Samsung Petitioners. If
`
`2
`
`
`
`IPR2016-00757, IPR2016-01228, IPR2016-01229, IPR2016-01345
`Patent 7,881,236 B2
`
`filed, the Samsung Petitioners’ exhibit shall be labelled, “Samsung
`
`Petitioners’ Submission in Response to Proposed Supplemental Information
`
`from Patent Owner Pursuant to Motion filed Under 37 C.F.R. § 42.123(b).”
`
`Patent Owner shall file its motion for submission of supplemental
`
`information and the exhibit within three (3) days of this Order. Petitioners
`
`shall file their oppositions, and the Samsung Petitioners shall file their
`
`exhibit, three (3) days thereafter. No further fillings are authorized at this
`
`time.
`
`The parties are authorized to use the caption set forth above in making
`
`these filings but are not otherwise authorized to use this caption.
`
`IT IS THEREFORE ORDERED that these proceedings and the
`
`parties shall proceed in accordance with this Order; and
`
`FURTHER ORDERED that any Proposed Supplemental Information
`
`submitted in exhibits in support of papers filed in accordance with this Order
`
`are provided merely for consideration of the Motion for Submission of
`
`Supplemental Information and is not entered as evidence of record and shall
`
`not be cited as evidence in any paper other than papers filed in accordance
`
`with this Order, unless later entered by explicit order of the Board.
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-00757, IPR2016-01228, IPR2016-01229, IPR2016-01345
`Patent 7,881,236 B2
`
`PETITIONER:
`
`Charles McMahon
`cmcmahon@mwe.com
`
`Hersh Mehta
`hmehta@mwe.com
`
`Stephen Korniczky
`skorniczky@sheppartmullin.com
`
`Martin Bader
`mbader@sheppardmullin.com
`
`Ericka Jacobs Schulz
`eschulz@sheppardmullin.com
`
`
`
`
`
`PATENT OWNER:
`
`Cyrus Morton
`cmorton@robinskaplan.com
`
`Ryan Schultz
`rschultz@robinskaplan.com
`
`Miles A. Finn
`mfinn@robinskaplan.com
`
`
`
`4
`
`
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