`571-272-7822
`
`
`Paper No. 13
`
`Entered: February 23, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-01799
`Patent 8,199,747 B2
`____________
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2017-01799
`Patent 8,199,747 B2
`
`
`On February 20, 2018, Samsung Electronics America, Inc.
`
`(“Petitioner”) filed a Request for Rehearing under 37 C.F.R. § 42.71(d)(1) of
`
`the Board’s February 6, 2018, Decision on Institution (Paper 9) in the
`
`above-captioned proceeding. Paper 11. On February 22, 2018, without
`
`prior authorization or solicitation by the Board, Uniloc Luxembourg S.A.
`
`(“Patent Owner”) filed a Response to Petitioner’s Request for Rehearing.
`
`Paper 12. Thereafter, Petitioner, by email, requested leave from the Board
`
`to file a motion to strike and expunge Patent Owner’s Response. In its email
`
`message, Petitioner correctly pointed out that the Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012) directs that an
`
`“opposing party should not file a response to a request for rehearing absent a
`
`request from the Board.” As stated above, the Board did not request a
`
`response to Petitioner’s Request for Rehearing from Patent Owner. Nor did
`
`Patent Owner request authorization to file a response. Under the
`
`circumstances, we agree with Petitioner, without the need for a motion to
`
`strike, that Patent Owner’s uninvited, unauthorized Response is improper
`
`and that it should be expunged from the record of this proceeding. If we
`
`later determine that a response would be helpful we will authorize Patent
`
`Owner to file a response. Unless and until we do so, however, no further
`
`briefing is authorized in connection with Petitioner’s Request for Rehearing.
`
`In consideration of the foregoing, it is:
`
`ORDERED that Patent Owner’s Response to Petitioner’s Request for
`
`Rehearing (Paper 12) shall be expunged from the record of this proceeding;
`
`and
`
`FURTHER ORDERED that no further briefing is authorized in
`
`connection with Petitioner’s Request for Rehearing at this time.
`
`
`
`2
`
`
`
`IPR2017-01799
`Patent 8,199,747 B2
`
`For PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`Michael A. Wolfe
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`phillipcitroen@paulhastings.com
`michaelwolfe@paulhastings.com
`
`
`For PATENT OWNER:
`
`Brett Mangrum
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`
`
`3
`
`
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