`571.272.7822
`
` Paper No. 34
` Entered: February 14, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KVK-TECH, INC.,
`Petitioner,
`
`v.
`
`SHIRE PLC,
`Patent Owner.
`____________
`
`Case IPR2018-00290 (Patent 8,846,100 B2)
`Case IPR2018-00293 (Patent 9,173,857 B2)1
`____________
`
`Before RAMA G. ELLURU, SHERIDAN K. SNEDDEN, and
`DEVON ZASTROW NEWMAN, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Request for Authorization to File a Sur-Reply
`37 C.F.R. §§ 42.5(a), 42.24(c)(1)
`
`1 This Decision addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Decision to be entered
`in each proceeding. The parties are not authorized to use this joint heading
`and filing style in their papers.
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`The Board recently issued guidance in the form of a “Trial Practice
`Guide Update,” dated August 2018 (“Practice Guide Update”). See 83 Fed.
`Reg. 38,989 (Aug. 13, 2018) (notifying the public of the updated “Practice
`Guide” and its accessibility through the USPTO website:
`https://go.usa.gov/xU7GP).
`In an email sent to the Board on February 13, 2019, counsel for Patent
`Owner requested authorization to file a sur-reply per the Practice Guide
`Update. The relevant portion of the email reads as follows:
`Patent Owner requests authorization to file a sur-reply to the
`petition on Due Date 4 in lieu of observations, consistent with
`the conditions set forth in the Trial Practice Guide Update
`(August 2018). Petitioner does not oppose this request on
`condition that it receives authorization to file a response to Patent
`Owner’s sur-reply on Due Date 5, in lieu of a response to
`observations as provided in the Scheduling Order.
`
`Petitioner requests authorization to file a response to Patent
`Owner’s sur-reply on Due Date 5 in lieu of a response to
`observations. Patent Owner does not oppose this request.
`
`We grant Patent Owner’s unopposed request to file a sur-reply. The
`sur-reply shall not exceed five pages. As indicated by Patent Owner, the
`parties agree that the sur-reply is due by Due Date 4. In addition, we grant
`Petitioner’s unopposed request to file a response to Patent Owner’s sur-
`reply. The response shall not exceed five pages. As indicated by Patent
`Owner, the parties agree that Petitioner’s response is due by Due Date 5.
`Accordingly, it is
`ORDERED that Patent Owner is granted authorization to file a sur-
`reply, not exceeding five pages, due by Due Date 4; and
`
`2
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`FURTHER ORDERED that Petitioner is granted authorization to file
`a response to Patent Owner’s sur-reply, not to exceed five pages, due by Due
`Date 5.
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`
`
`
`PETITIONER:
`
`Steven Roth
`sroth@lmiplaw.com
`
`Thomas Vetter
`tvetter@lmiplaw.com
`
`
`PATENT OWNER:
`
`Joseph Robinson
`joseph.robinson@troutmansanders.com
`
`Robert Schaffer
`robert.schaffer@troutmansanders.com
`
`Dustin Weeks
`dustin.weeks@troutmansanders.com
`
`
`
`4
`
`
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