`571-272-7822
`
`
`
`
`
`
`
`
`Paper 20
`Date: July 31, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_______________
`
`Cases IPR2017-00210 and IPR2017-002191
`Patent 7,116,710 B1
`_______________
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding and
`Authorizing Motion to File Supplemental Information
`37 C.F.R. §§ 42.5 and 42.123
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style of heading.
`
`
`
`IPR2017-00210 and IPR2017-00219
`Patent 7,116,710 B1
`
`
`On July 26, 2017, an initial conference call with counsel for
`
`Petitioner, Apple, Inc., and counsel for Patent Owner, California Institute of
`Technology, was held with Judges Barrett, Jefferson, and Hudalla, to
`address Petitioner’s request to file a motion to submit supplemental
`information pursuant to 37 C.F.R. § 42.123.
`Petitioner seeks to submit supplemental information related to prior
`art references in accordance with Section 42.123. Petitioner indicated that
`certain of its intended supplemental information has already been served
`upon Patent Owner as supplemental evidence under 37 C.F.R. § 42.64(b)(2).
`Patent Owner opposes Petitioner’s request to submit supplemental
`information.
`Having heard from the parties on this issue, we authorize Petitioner to
`file a Motion to File Supplemental Information pursuant to 37 C.F.R.
`§ 42.123, no later than August 4, 2017. Petitioner shall identify each item of
`its intended supplemental information that has already been served as
`supplemental evidence under Section 42.64(b)(2) and explain how it is also
`supplemental information under Section 42.123. Petitioner’s motion shall
`not exceed 12 pages. We also authorize Patent Owner to file an Opposition
`to Petitioner’s Motion, also not to exceed 12 pages, no later than August, 11,
`2017. No reply is authorized.
`Accordingly, it is:
`ORDERED that Petitioner is authorized to file a Motion to File
`Supplemental Information as discussed herein, no later than August 4, 2017;
`and
`
`2
`
`
`
`IPR2017-00210 and IPR2017-00219
`Patent 7,116,710 B1
`
`FURTHER ORDERED that Patent Owner is authorized to file an
`Opposition to Petitioner’s Motion to File Supplemental Information, no later
`than August 11, 2017.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00210 and IPR2017-00219
`Patent 7,116,710 B1
`
`For PETITIONER:
`
`Richard Goldenberg
`Brian M. Seeve
`Dominic E. Massa
`WILMER CUTLER PICKERING HALE AND DORR LLP
`richard.goldenberg@wilmerhale.com
`brian.seeve@wilmerhale.com
`dominic.massa@wilmerhale.com
`
`For PATENT OWNER:
`
`Michael T. Rosato
`Matthew A. Argenti
`Richard Torczon
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`rtorczon@wsgr.com
`
`Todd M. Briggs
`Kevin P.B. Johnson
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`toddbriggs@quinnemanuel.com
`kevinjohnson@quinnemanuel.com
`
`
`
`
`
`
`4
`
`
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