`571-272-7822
`
`
`Paper No. 7
`Entered: February 8, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-02154 (Patent 6,154,844)
`Case IPR2017-02155 (Patent 8,677,494 B2)
`____________
`
`
`Before ZHENYU YANG, CHARLES J. BOUDREAU, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`A conference call was held in the above-referenced proceedings on
`February 6, 2018, between counsel for the parties and Judges Boudreau,
`Yang, and McShane, to discuss a request by Petitioner for authorization to
`file a motion for leave to file replies to Patent Owner’s Preliminary
`Responses (IPR2017-02154, Paper 6; IPR2017-02155, Paper 6). After
`
`
`
`Case IPR2017-02154 (Patent 6,154,844)
`Case IPR2017-02155 (Patent 8,677,494 B2)
`
`hearing from the parties, the panel authorized Petitioner to file a five-page
`reply to Patent Owner’s Preliminary Response in Case IPR2017-02155,
`limited to addressing Patent Owner’s arguments regarding the application to
`that case of the Board’s decision in General Plastic Industrial Co., Ltd. v.
`Canon Kabushiki Kaisha, IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19),
`a portion of which was designated as precedential after the filing of the
`Petition but before the filing of the Preliminary Response. The panel also
`authorized Patent Owner to file a five-page sur-reply responsive to
`Petitioner’s reply. The panel, however, denied Petitioner’s request for
`authorization to file a reply to Patent Owner’s Preliminary Response in Case
`IPR2017-02154.
`Accordingly, it is
`ORDERED that Petitioner is authorized to file a reply to Patent
`Owner’s Preliminary Response (Paper 6) in Case IPR2017-02155, not to
`exceed five pages in length, by February 13, 2018, limited to addressing
`Patent Owner’s arguments therein regarding the application of General
`Plastic to that case;
`FURTHER ORDERED that Patent Owner is authorized to file a
`sur-reply, not to exceed five pages in length, by February 20, 2018, limited
`to responding to Petitioner’s reply; and
`FURTHER ORDERED that no reply to Patent Owner’s Preliminary
`Response (Paper 6) in Case IPR2017-02154 is authorized.
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`Case IPR2017-02154 (Patent 6,154,844)
`Case IPR2017-02155 (Patent 8,677,494 B2)
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`FOR PETITIONER:
`
`Patrick D. McPherson
`Patrick Muldoon
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`PCMuldoon@duanemorris.com
`
`
`FOR PATENT OWNER:
`
`James Hannah
`Jeffrey H. Price
`Michael Lee
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`mhlee@kramerlevin.com
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