`571-272-7822
`
`
`
`
`
`
`
`
`Paper 45
`Entered: February 28, 2018
`
`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 IPR2017-00219 (Patent 7,116,710 B1)
`Case IPR2017-00297 (Patent 7,916,781 B2)1
`_______________
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`On February 23, 2018, Petitioner sent an email to Trials@uspto.gov
`
`requesting permission to file a “short declaration” from James A. Davis,
`
`
`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, IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`Ph.D., in IPR2017-00210, IRP2017-00219, and IPR2017-00297. Petitioner
`represents that “[t]he purpose of this declaration is to respond to the Patent
`Owner’s statements during the call with the Board on Feb. 15, 2018
`suggesting Dr. Davis did not submit reply declarations for reasons other than
`his unavailability.” Petitioner also represents that it has already filed the
`same declaration in IPR2017-00700 (as Ex. 1073), IPR2017-00701 (as
`Ex. 1173), and IPR2017-00728 (as Ex. 1273). Petitioner states that filing
`the additional Davis declaration in the instant cases would “complete the
`record and maintain consistency across the cases.”
`Petitioner states that Patent Owner does not object to Petitioner’s
`request to file the declaration in these cases. Notwithstanding, Petitioner
`states that Patent Owner requests a one-page extension (from 7 to 8 pages)
`of its forthcoming sur-replies in these cases to address the additional Davis
`declaration. We authorized the filing of these sur-replies by our Order of
`February 20, 2018. See, e.g., IPR2017-00210, Paper 51. Petitioner does not
`object to this extension.
`Under these circumstances, we find good cause to grant Petitioner’s
`request to file the additional Davis declaration in IPR2017-00210,
`IRP2017-00219, and IPR2017-00297. See 37 C.F.R. § 42.5. We also find
`good cause to grant Patent Owner a one-page extension of its forthcoming
`sur-replies in these cases to address the additional Davis declaration. No
`conference call is necessary at this time.
`
`
`
`
`
`
`2
`
`
`
`IPR2017-00210, IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s request for authorization to file an
`additional declaration from James A. Davis, Ph.D., in each of these cases is
`granted; and
`FURTHER ORDERED that Patent Owner’s request for a one-page
`extension (from 7 to 8 pages) of its forthcoming sur-replies in each of these
`cases is granted.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00210, IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`For PETITIONER:
`
`Richard Goldenberg
`Dominic E. Massa
`Michael Smith
`WILMER CUTLER PICKERING HALE AND DORR LLP
`richard.goldenberg@wilmerhale.com
`michaelh.smith@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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