`571-272-7822
`
`
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`
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` Paper No. 31
`
` Entered: June 11, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioners,
`
`v.
`
`IMAGE PROCESSING TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01218
`Patent 8,983,134 B2
`
`____________
`
`
`Before JONI Y. CHANG and SHEILA F. McSHANE,
`Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2017-01218
`Patent 8,983,134 B2
`
`On May 3, 2018, pursuant to SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348,
`1358 (2018), we issued an order modifying the institution decision to
`institute on all claims and grounds presented in the Petition in this
`proceeding. Paper 25. After a conference call, we issued a May 17, 2018,
`Order, allowing Petitioner to file a supplemental brief addressing the newly-
`instituted claims, limited to eight (8) pages, and no other briefing was
`authorized. Paper 26, 4–5.
`
`On June 8, 2018, we received an email from Patent Owner seeking
`leave to file a reply to Petitioner’s supplement brief. The email indicated
`that Petitioner opposed the request.
`
`We have reviewed Petitioner’s supplemental brief and it newly raises
`issues related to claim interpretation that Patent Owner should be afforded
`the opportunity to address. Accordingly, we permit Patent Owner to provide
`an eight (8) response to Petitioner’s supplemental brief to be filed by June
`18, 2018. The response is limited to addressing the arguments presented in
`Petitioner’s supplemental brief and no additional evidence may be
`submitted. Additionally, Petitioner bears the ultimate burden of proof and
`we will allow a four (4) page reply to Patent Owner’s response to
`Petitioner’s supplemental brief to be filed by June 22, 2018. The reply is
`limited to addressing the arguments presented in Patent Owner’s response to
`Petitioner’s supplemental brief and no additional evidence may be
`submitted.
`
`Accordingly, it is hereby:
`
`ORDERED that Patent Owner may file response to Petitioner’s
`supplemental brief, limited to eight (8) pages, by June 18, 2018; and
`
`2
`
`
`
`IPR2017-01218
`Patent 8,983,134 B2
`
`FURTHER ORDERED that Petitioner may file a reply to Patent
`Owner’s response to Petitioner’s supplemental brief; limited to four (4)
`pages, by June 22, 2018.
`
`
`
`3
`
`
`
`IPR2017-01218
`Patent 8,983,134 B2
`PETITIONER:
`John Kappos
`Nick Whilt
`Brian M. Cook
`Marc Pensabene
`Clarence Rowland
`O’MELVENY & MYERS LLP
`jkappos@omm.com
`nwhilt@omm.com
`bcook@omm.com
`mpensabene@omm.com
`crowland@omm.com
`
`
`PATENT OWNER:
`Chris Coulson
`Michael Zachary
`Lauren Robinson
`Craig Allison
`ANDREWS KURTH KENYON LLP
`ccoulson@kenyon.com
`mzachary@bdiplaw.com
`lrobinson@bdiplaw.com
`callison@bdiplaw.com
`
`
`4
`
`
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