`571-272-7822
`
`Paper No. 19
` Entered: September 18, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`____________
`
`Case IPR2017-00700 (Patent 7,421,032 B2)
`Case IPR2017-00701 (Patent 7,421,032 B2)
`Case IPR2017-00728 (Patent 7,421,032 B2)1
`____________
`
`Before KEN BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`BARRETT, 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 Decision will be entered in each case. The parties are not authorized
`to use this caption style.
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 B2)
`
`On September 14, 2017, a 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 motions 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.
`
`Petitioner noted that its request for authorization in IPR2017-00701
`and IPR2017-00728 was made within one month of institution. See
`37 C.F.R. § 42.123(a)(1) (“A request for the authorization to file a motion to
`submit supplemental information is [to be] made within one month of the
`date the trial is instituted.”). Nevertheless, Petitioner acknowledged that in
`IPR2017-00700, its request was made three days after the one month
`deadline. Accordingly, Petitioner asks us to honor its request for
`authorization in IPR2017-00700 and to allow Petitioner to file a motion to
`submit supplemental information in all three cases.
`
`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 September 22, 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
`
`2
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 B2)
`
`also supplemental information under Section 42.123. Petitioner’s Motion
`additionally shall address the issue of the timeliness of the request for
`authorization in IPR2017-00700. Petitioner’s motions, in IPR2017-00701
`and IPR2017-00728, shall not exceed 12 pages, and, in IPR2107-00700,
`shall not exceed 15 pages. We also authorize Patent Owner to file in each
`subject case an Opposition to Petitioner’s Motion, also not to exceed 12
`pages in IPR2017-00701 and IPR2017-00728 and 15 pages in
`IPR2017-00700, no later than September 29, 2017. No reply is authorized.
`
`ORDER
`
`It is:
`
`ORDERED that Petitioner is authorized to file Motions to File
`
`Supplemental Information as discussed herein, no later than September 22,
`2017; and
`
`FURTHER ORDERED that Patent Owner is authorized to file
`Oppositions to Petitioner’s Motions to File Supplemental Information, no
`later than September 29, 2017.
`
`
`
`3
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 B2)
`
`PETITIONER:
`Richard Goldenberg
`Brian M. Seeve
`WILMER, CUTLER, PICKERING, HALE AND DORR, LLP
`richard.goldenberg@wilmerhale.com
`brian.seeve@wilmerhale.com
`
`PATENT OWNER:
`Michael T. Rosato
`Matthew A. Argenti
`Richard Torczon
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`rtorczon@wsgr.com
`
`4
`
`
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