`571-272-7822
`
`
`
`
`
`Paper 10
`Entered: December 21, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`BLUE COAT SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01441
`Patent 8,225,408 B2
`____________
`
`
`
`
`
`Before JAMES B. ARPIN, PATRICK M. BOUCHER, and
`ZHENYU YANG, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5
`
`
`
`
`
`
`
`IPR2016-01441
`Patent 8,225,408 B2
`
`
`A conference call was held on December 21, 2016, among
`representatives of the parties and Judges Arpin, Boucher, and Yang. The
`call was requested by Patent Owner to address aspects of the Reply filed on
`December 16, 2016 (Paper 9). Under our regulations, authorization to file a
`Reply to a Preliminary Response is not granted as of right. In our Order of
`December 13, 2016, we, nevertheless, authorized the parties to file “a Reply
`and Sur-reply addressing the estoppel aspects of [Patent Owner’s argument
`that the Petition is procedurally barred].” Paper 7, 1 (emphasis added).
`Because the filed Reply addresses issues beyond that limited scope, we order
`Petitioner to file, today, a revised version of the Reply that removes material
`outside that scope, i.e., any material that it not strictly responsive to the
`estoppel issues under 35 U.S.C. § 315(e)(1) argued in the Preliminary
`Response. Thus, no material related to 35 U.S.C. § 325(d) is appropriate or
`permitted in the Reply, and material related to 35 U.S.C. § 312 is appropriate
`only to the extent that it is responsive to arguments raised by Patent Owner
`in the Preliminary Response in support of Patent Owner’s estoppel
`arguments under 35 U.S.C. § 315(e)(1). The briefing schedule is
`unchanged.
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner shall file, today, a revised version of the
`Reply (Paper 9) that removes material outside the scope identified above;
`FURTHER ORDERED that Patent Owner is authorized to file, by
`December 21, 2016, a Sur-reply, limited to five pages, that responds to
`Petitioner’s arguments in the redacted Reply; and
`
`2
`
`
`
`IPR2016-01441
`Patent 8,225,408 B2
`
`
`FURTHER ORDERED that Paper 9 is expunged.
`
`
`
`PETITIONER:
`
`Michael Rosato
`Andrew Brown
`Matthew Argenti
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`margenti@wsgr.com
`
`PATENT OWNER:
`
`James Hannah
`Jeffrey Price
`Michael Lee
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`
`Michael Kim
`FINJAN INC.
`mkim@finjan.com
`
`3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
