`Tel: 571-272-7822
`
`
`
`
`Paper 31
`Entered: June 4, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD+
`____________
`
`VIPTELA, INC.,
`Petitioner,
`
`v.
`
`FATPIPE NETWORKS PRIVATE LIMITED,
`Patent Owner.
`_______________
`
`Case IPR2017-00684
`Patent 6,775,235 B2
`_______________
`
`
`Before STACEY G. WHITE, MICHELLE N. WORMMEESTER, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-00684
`Patent 6,775,235 B2
`
`
`
`
`
`
`A conference call in this proceeding was held on May 22, 2018
`between counsel for the parties and Judges White, Wormmeester, and Zado.
`This call was held to discuss the possible need for additional briefing and a
`supplemental oral hearing in light of the May 9, 2018 Order in this
`proceeding modifying our institution decision to include review of all
`challenged claims and all grounds presented in the Petition. Paper 26.
`As instructed in the May 9, 2018 Order, the parties conferred
`regarding the need for additional briefing related to the newly added
`challenges, but did not reach agreement. In particular, Petitioner is willing
`to terminate this proceeding as to the newly added challenges, but Patent
`Owner is not. Rather, Patent Owner would like a final determination with
`regard to the newly added challenges. In addition, Patent Owner seeks 5,000
`words of further briefing to address the newly added challenges. Petitioner
`argues that, should we permit additional briefing from Patent Owner,
`Petitioner should be allowed 5,600 words of further briefing. Petitioner also
`requests an oral hearing in the event that we permit additional briefing. The
`parties also request an extension of the twelve-month statutory deadline for
`issuing a final determination in this proceeding.
`After considering the parties’ arguments, we find good cause to
`permit additional briefing. See 37 C.F.R. § 42.5. We, therefore, authorize
`additional briefing to address the newly added challenges in this proceeding.
`Patent Owner is authorized to file a Supplemental Response of no
`more than 5,000 words, no later than June 27, 2018. Petitioner is authorized
`to file a Supplemental Reply to Patent Owner’s Supplemental Response of
`no more than 5,000 words, no later than July 23, 2018. The date for oral
`hearing, should the parties request one, is August 2, 2018. The due date to
`
`2
`
`
`
`
`
`
`
`IPR2017-00684
`Patent 6,775,235 B2
`
`request oral hearing is July 24, 2018. The parties’ request for an extension
`of the twelve-month statutory deadline has been granted in a separate paper.
`Paper 28.
`Accordingly, it is:
`ORDERED that Patent Owner is authorized to file a Supplemental
`Response of no more than 5,000 words, no later than June 27, 2018,
`addressing only the newly added challenges; and
`FURTHER ORDERED that Petitioner is authorized to file a
`Supplemental Reply to Patent Owner’s Supplemental Response, subject to
`37 C.F.R. § 42.23(b), of no more than 5,000 words, no later than July 23,
`2018; and
`FURTHER ORDERED that the date for an oral hearing, should the
`parties request it, is August 2, 2018.
`
`
`
`
`PETITIONER:
`
`Robert Hilton
`George Davis
`McGUIRE WOODS LLP
`rhilton@mcguirewoods.com
`gdavis@mcguirewoods.com
`
`
`PATENT OWNER:
`
`Robert Mattson
`Sameer Gokhale
`OBLON, McLELLAND, MAIER & NEUSTADT, LLP
`CPDdocketMattson@oblon.com
`cpdocketgokhale@oblon.com
`
`3
`
`
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