`571.272.7822
`
`
`
`
`
`Paper 21
`Entered: November 17, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BRIGHT HOUSE NETWORKS, LLC, WIDEOPEN WEST FINANCE,
`LLC, KNOLOGY OF FLORIDA, INC., and BIRCH
`COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`
`
`Cases: IPR2016-01259 and IPR2016-01263 (Patent 8,155,298 B2)
`IPR2016-01261 (Patent 8,457,113 B2)
`IPR2016-01262 (Patent 7,764,777 B2)1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding and Expungement of Exhibit
`37 C.F.R. §§ 42.5 and 42.7
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2016-01259, IPR2016-01263 (Patent 8,155,298 B2)
`IPR2016-01261 (Patent 8,457,113 B2)
`IPR2016-01262 (Patent 7,764,777 B2
`
`
`Petitioner filed replies to Patent Owner’s Preliminary Responses
`under 37 C.F.R. § 42.108(c) in each of the above-referenced cases. With its
`replies, Petitioner filed supplemental declarations i.e., IPR2016-01259,
`Ex. 1153; IPR2016-01261, Ex. 1054; IPR2016-01262, Ex. 1054; and
`IPR2016-01263, Ex. 1053.
`Petitioner was authorized to file a 10-page reply to discuss the
`disclaimer issue in each of IPR2016-01259, IPR2016-01261,
`IPR2016-01262, and IPR2016-01263. Petitioner, however, was not
`authorized to file supplemental declarations. The supplemental declarations
`are unauthorized and shall be expunged from the record. 37 C.F.R. § 42.7
`(a) (“The Board may expunge any paper directed to a proceeding . . . that is
`not authorized.”).2 We will take into consideration whether the replies
`include unauthorized arguments in due course when we consider the parties’
`briefs and evidence in determining whether to institute trial.
`For the foregoing reasons, it is hereby:
`ORDERED that Petitioner’s supplemental declarations (i.e.,
`IPR2016-01259, Ex. 1153; IPR2016-01261, Ex. 1054; IPR2016-01262,
`Ex. 1054; and IPR2016-01263, Ex. 1053) be expunged from the records of
`the above-referenced proceedings.
`
`
`
`
`2 If a trial is instituted, after institution a party may file a motion to submit
`supplemental information in accordance with the requirements set forth in
`37 C.F.R. § 42.123.
`
`
`
`IPR2016-01259, IPR2016-01263 (Patent 8,155,298 B2)
`IPR2016-01261 (Patent 8,457,113 B2)
`IPR2016-01262 (Patent 7,764,777 B2
`
`PETITIONER:
`
`Wayne Stacy
`Britton Davis
`wstacy@cooley.com
`zCisco-PAL-IPR@cooley.com
`bdavis@cooley.com
`
`PATENT OWNER:
`
`Brent Bumgardner
`bbumgardner@nbclaw.net
`
`John Murphy
`murphy@nelbum.com
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