throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
` Paper 10
` Entered: June 5, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COMPLEX INNOVATIONS, LLC,
`Petitioner,
`
`v.
`
`ASTRAZENECA AB,
`Patent Owner.
`____________
`
`Case IPR2017-00631
`Patent 7,759,328 B2
`____________
`
`
`Before ERICA A. FRANKLIN, SUSAN L.C. MITCHELL, and
`ZHENYU YANG, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`

`

`IPR2017-00631
`Patent 7,759,328 B2
`
`
`A conference call in the above proceeding was held on June 1, 2017
`between respective counsel for the parties and Judges Franklin, Mitchell,
`and Yang. The purpose of the call was to discuss Petitioner’s request to file
`a Reply to Patent Owner’s Preliminary Response to explain an alleged error
`in Patent Owner’s calculation of the canister fill weight.
`Upon consideration of the parties’ arguments during the conference
`call, we grant Petitioner authorization to file such Reply, limited to two
`pages concerning a discussion addressing the calculation of the canister fill
`weight in Patent Owner’s Preliminary Response. We further authorize
`Patent Owner to file a Sur-Reply, limited to two pages concerning a
`discussion addressing matters raised in Petitioner’s Reply. No further
`evidence is authorized to be filed with the Reply or Sur-Reply.
`
`In accordance with the foregoing, it is hereby:
`
`ORDERED that Petitioner’s request to file a Reply to Patent Owner’s
`Preliminary Response to the Petition is granted, such Reply shall be filed
`within five business days after the entry of this Order;
`FURTHER ORDERED that Patent Owner is authorized to file a Sur-
`Reply to Petitioner’s Reply within five business days after such Reply is
`filed;
`FURTHER ORDERED that both filings shall be no more than two
`pages; and
`FURTHER ORDERED that no additional evidence is authorized to be
`filed with such Reply or Sur-Reply.
`
`
`
`2
`
`

`

`IPR2017-00631
`Patent 7,759,328 B2
`
`PETITIONER:
`
`Sharad K. Bijanki
`Vivek Ganti
`HILL, KERTSCHER & WHARTON, LLP
`sb@hkw-law.com
`vg@hkw-law.com
`
`
`PATENT OWNER:
`
`Mr. Christopher N. Sipes
`Ms. Andrea G. Reister
`Scott E. Kamholz
`COVINGTON & BURLING LLP
`csipes@cov.com
`areister@cov.com
`skamholz@cov.com
`
`
`
`
`
`
`
`
`3
`
`

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