`Entered: October 3, 2017
`571-272-7822
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`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
`
`____________
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`
`
`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)
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`
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`IPR2016-00757, IPR2016-01228, IPR2016-01229, IPR2016-01345
`Patent 7,881,236 B2
`
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`On September 27, 2017, the Board received an email from Patent
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`Owner’s counsel requesting authorization to submit supplemental
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`information. Petitioners opposed Patent Owner’s request. A teleconference
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`to consider the request was held on September 29, 2017, with Judges
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`Saindon, Boucher, and McMillin and attorneys for all the parties.
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`After consideration of the arguments of counsel for all the parties,
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`Patent Owner is authorized to file a motion for submission of supplemental
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`information under 37 C.F.R. § 42.123(b) limited to 5 pages. Patent Owner is
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`also authorized to submit the proposed supplemental information as an
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`exhibit labelled “Patent Owner’s Submission of Proposed Supplemental
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`Information Pursuant to Motion filed Under 37 C.F.R. § 42.123(b).” The
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`Board understands that the proposed supplemental information consists of
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`excerpts from the transcript of deposition testimony of one witness taken in
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`District Court litigation involving Patent Owner and Samsung.
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`Each Petitioner is authorized to file an opposition to the motion for
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`submission of supplemental information limited to 5 pages. Although not
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`required, the Board requests that the Petitioners combine some or all of their
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`oppositions. In addition, the Samsung Petitioners are authorized to file as an
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`exhibit excerpts from the same deposition transcript from which Patent
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`Owner submits excerpts in order that the testimony proffered by Patent
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`Owner may be understood in context and for completeness. If the Samsung
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`Petitioners elect to file such an exhibit, it shall include the portions of the
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`transcript submitted by Patent Owner and the transcript shall be marked in
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`such a manner that it may be readily determined from black and white copies
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`which portions of the transcript were proffered by Patent Owner and which
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`portions of the transcript were proffered by the Samsung Petitioners. If
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`2
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`
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`IPR2016-00757, IPR2016-01228, IPR2016-01229, IPR2016-01345
`Patent 7,881,236 B2
`
`filed, the Samsung Petitioners’ exhibit shall be labelled, “Samsung
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`Petitioners’ Submission in Response to Proposed Supplemental Information
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`from Patent Owner Pursuant to Motion filed Under 37 C.F.R. § 42.123(b).”
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`Patent Owner shall file its motion for submission of supplemental
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`information and the exhibit within three (3) days of this Order. Petitioners
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`shall file their oppositions, and the Samsung Petitioners shall file their
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`exhibit, three (3) days thereafter. No further fillings are authorized at this
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`time.
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`The parties are authorized to use the caption set forth above in making
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`these filings but are not otherwise authorized to use this caption.
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`IT IS THEREFORE ORDERED that these proceedings and the
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`parties shall proceed in accordance with this Order; and
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`FURTHER ORDERED that any Proposed Supplemental Information
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`submitted in exhibits in support of papers filed in accordance with this Order
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`are provided merely for consideration of the Motion for Submission of
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`Supplemental Information and is not entered as evidence of record and shall
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`not be cited as evidence in any paper other than papers filed in accordance
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`with this Order, unless later entered by explicit order of the Board.
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`3
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`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
`
`
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`
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`PATENT OWNER:
`
`Cyrus Morton
`cmorton@robinskaplan.com
`
`Ryan Schultz
`rschultz@robinskaplan.com
`
`Miles A. Finn
`mfinn@robinskaplan.com
`
`
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`4
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