`571-272-7822
`
`
`Paper 18
`Entered: January 10, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00391
`Patent 7,647,633 B2
`
`____________
`
`
`
`Before, THOMAS L. GIANNETTI, MIRIAM L. QUINN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2018-00391
`Patent 7,647,633 B2
`
`
`Finjan, Inc. (“Patent Owner”) requested via email authorization to file
`
`a Sur-Reply to the Petitioner’s Reply by Due Date 4, which falls on January
`
`30, 2019. Petitioner does not oppose the request.
`
`On August 2018, the office issued a Trial Practice Guide Update. See
`
`83 Fed. Reg. 38,989 (Aug. 13, 2018) (notifying the public of the updated
`
`“Trial Practice Guide” and its accessibility through the USPTO website:
`
`https://go.usa.gov/xU7GP). In particular, the Trial Practice Guide states that
`
`the sur-reply practice essentially replaces the previous practice of filing
`
`observations on cross-examination testimony. Trial Practice Guide, 14.
`
`Further guidance states that the sur-reply may not be accompanied by new
`
`evidence other than deposition transcripts of the cross-examination of any
`
`reply witness. Additionally, sur-replies should only respond to arguments
`
`made in reply briefs, comment on reply declaration testimony, or point to
`
`cross-examination testimony. Id. And a sur-reply may address the
`
`institution decision if necessary to respond to the petitioner’s reply. Id.
`
`ORDER
`
`1) We hereby modify the current Scheduling Order (Paper 8) and
`
`authorize Patent Owner to file a sur-reply in lieu of its observations
`
`on cross-examination testimony by Due Date 4.
`
`2) The sur-reply shall be limited to the word limit for replies.
`
`3) The sur-reply shall follow the guidelines discussed above and
`
`further explained in the Updated Trial Practice Guide.
`
`
`
`2
`
`
`
`IPR2018-00391
`Patent 7,647,633 B2
`
`
`
`
`PETITIONER:
`
`Patrick McPherson
`Patrick Muldoon
`Joseph Powers
`pdmcpherson@duanemorris.com
`pcmuldoon@duanemorris.com
`japowers@duanemorris.com
`
`PATENT OWNER:
`
`James Hannah
`Jeffrey H. Price
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`
`
`
`3
`
`
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