`571-272-7822
`
`Paper: 19
`
` Entered: October 15, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`
`
`
`
`ZTE (USA) INC.,
`Petitioner,
`
`v.
`
` FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00274
`Patent No. 7,834,586 B2
`____________
`
`
`Before BRYAN F. MOORE, JON B. TORNQUIST, and
`ARTHUR M. PESLAK, Administrative Patent Judges.
`
`PESLAK, Administrative Patent Judge
`
`
`ORDER TO SHOW CAUSE
`37 C.F.R. § 42.5
`
`
`
`IPR2018-00274
`Patent 7,834,586 B2
`
`
`
`On August 29, 2018, we entered our Decision Denying Institution of
`
`Inter Partes Review in this case. Paper 17. 37 C.F.R. § 42.71(d) sets forth
`
`the requirements for a rehearing request. Any request for rehearing of our
`
`Decision is required to be filed within 30 days of the entry of the Decision.
`
`Id. Thus, a timely request for rehearing, in accordance with the
`
`requirements set forth in 37 C.F.R. § 42.71(d), should have been filed no
`
`later than September 28, 2018.
`
`On October 10, 2018, Petitioner filed a rehearing request with a legal
`
`memorandum. Paper 18. The caption of Petitioner’s request states:
`
`“Petitioner’s Request for Rehearing (originally submitted on 9/28/18).” Id.
`
`The Board’s electronic filing records do not reflect that Petitioner filed the
`
`legal memorandum on September 28, 2018.
`
`Based on the foregoing, it is hereby:
`
`ORDERED that Petitioner shall, within 3 business days of the entry of
`
`this order, file a memorandum, not to exceed 3 pages, showing cause why
`
`we should not expunge the rehearing request filed on October 10, 2018 as
`
`not timely;
`
`FURTHER ORDERED that Patent Owner may file an opposition to
`
`Petitioner’s memorandum, not to exceed 3 pages, no later than 3 business
`
`days after the filing of Petitioner’s memorandum;
`
`FURTHER ORDERED that the parties are not authorized to submit
`
`any further briefing on this issue.
`
`
`
`2
`
`
`
`
`
`IPR2018-00274
`Patent 7,834,586 B2
`
`PETITIONER:
`
`
`Charles M. McMahon
`Brian A. Jones
`Thomas DaMario
`MCDERMOTT WILL & EMERY
`cmcmahon@mwe.com
`bajones@mwe.com
`tdamario@mwe.com
`
`
`PATENT OWNER:
`
`Hong Zhong
`Michael Fleming
`IRELL & MANELLA LLP
`hzhong@irell.com
`mfleming@irell.com
`
`
`
`
`
`
`
`3
`
`
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