`Filed: June 1, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
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`v.
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`UUSI, LLC d/b/a NARTRON
`Patent Owner
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`____________________
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`Case IPR2016-00908
`Patent No. 5,796,183
`____________________
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`PATENT OWNER’S UNOPPOSED MOTION REGARDING DUE DATE 7
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`Before THOMAS L. GIANNETTI, CARL M. DEFRANCO, and
`KAMRAN JIVANI, Administrative Patent Judges.
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`Pursuant to Sections 42.20 and 42.22 of Chapter 37 of the Code of Federal
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`Regulations, the Scheduling Order issued on October 19, 2016 (Paper 13) (the
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`“Scheduling Order”), and the Order Re Conduct of the Proceeding entered on May
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`31, 2017 (Paper 31), Patent Owner, UUSI, LLC d/b/a/ Nartron (“Nartron”)
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`requests, for the reasons explained below, that the Board authorize backup counsel
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`to argue at oral argument on Due Date 7 as set forth in the Scheduling Order.
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`The Scheduling Order provides for Oral Argument on June 22, 2017 should
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`it be requested. See Scheduling Order, Due Date 7. Both parties have now
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`requested oral argument. See Papers 29 and 30.
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`Lead counsel for Nartron recently discovered that he is required to be out of
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`the country on the date currently scheduled for oral argument due to a preexisting
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`professional obligation. Ex. 2013, Declaration of Jay P. Kesan ¶ 3. This motion is
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`being filed diligently after realizing the existence of the conflict, attempting to
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`resolve it, and conferring with counsel for Petitioner. Id. Lead counsel is available
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`on other dates in July, 2017. Id. ¶ 5.
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`In the event the Board wishes to maintain Due Date 7 on June 22, 2017,
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`backup counsel for Nartron could attend and present oral argument on that date.
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`Id. ¶ 4. The Office Patent Trial Practice Guide allows that backup counsel may
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`argue before the Board: “[t]he Office expects that lead counsel will, and back-up
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`counsel may, participate in all hearings and conference calls with the Board and
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`Case IPR2016-00908
`Patent No. 5,796,183
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`will sign all papers submitted in the proceeding.” 77 Fed. Reg. 48756, 48758
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`(August 14, 2012). Nartron thus seeks the Board’s permission for backup counsel
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`to attend and argue at oral argument on June 22, 2017.
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`For the foregoing reasons, Nartron respectfully requests that the Board
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`authorize backup counsel to argue at oral argument on June 22, 2017. In the event
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`the Board does not grant the unopposed motion and instead wishes to have lead
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`counsel for both parties attend the oral argument, the parties are willing to further
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`discuss a new date for the oral argument. Ex. 2013 ¶ 5.
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`Meet and Confer Requirement
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`Pursuant to the Scheduling Order, Nartron has met and conferred with
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`counsel for Petitioner in good faith to resolve the issue for which relief is sought.
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`Counsel for Petitioner has represented that they do not oppose allowing Nartron’s
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`backup counsel present oral argument, and that they are willing to discuss
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`alternative dates for oral argument in the event the Board insists that Nartron’s lead
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`counsel attend the argument.
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`Dated: June 1, 2017
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`Respectfully submitted,
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`/s/ Jay P. Kesan
`By:
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`Jay P. Kesan
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`Reg. No. 37,488
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`Counsel for Patent Owner
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`Case IPR2016-00908
`Patent No. 5,796,183
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on the date
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`indicated below, a complete and entire copy of this submission was provided by
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`email to Petitioner’s counsel via email, as agreed to by Petitioner’s Service
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`Information in the April 15, 2016 Petition submission, by serving the email address
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`of record.
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`.
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`Dated: June 1, 2017
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`Respectfully submitted,
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`/s/ Jay P. Kesan
`By:
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`Jay P. Kesan
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`Reg. No. 37,488
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`Counsel for Patent Owner
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