`Tel: 571-272-7822
`
`Paper 19
`Entered: March 25, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SONOS, INC.,
`Petitioner,
`
`v.
`
`IMPLICIT, LLC,
`Patent Owner.
`
`
`IPR2018-00766 (Patent 7,391,791 B2)1
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. McSHANE, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5, 42.123(b)
`
`1 This Order addresses issues that are identical in each of these cases.
`Therefore, we exercise our discretion to issue one order to be filed in each
`case. The parties, however, are not authorized to use this style heading in
`any subsequent papers without prior authorization.
`
`
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`BACKGROUND
`On March 15, 2019, the Board received an email from Patent Owner
`requesting authorization to file a motion to file supplemental information.
`The Board conducted a conference call with the parties on March 21, 2019.
`
`Patent Owner asserts that its proposed motion should be permitted
`because it will show that the supplemental information could not have been
`obtained earlier and consideration of this information would be in the
`interest of justice under 37 C.F.R. § 42.123(b). Patent Owner contends that
`it could not have reasonably earlier sought the documents, it only recently
`became aware of the documents, and the documents are directly relevant to
`disputed issues in the cases. In addition to the proposed motion, Patent
`Owner seeks to submit evidentiary information, including a declaration, in
`support of the motion. Patent Owner stated that it would offer the deposition
`of the declarant.
`Petitioner opposes any motion to submit the supplemental information
`because it believes that Patent Owner cannot make the requisite showing
`under 37 C.F.R. § 42.123(b), the supplemental information will not be
`admissible, and the motion is likely to entail further discovery and is coming
`late in the proceedings.
`We grant leave for filing a motion to submit supplemental information
`under 37 C.F.R. § 42.123(b).
`
`ORDER
`
`It is, therefore,
`ORDERED that Patent Owner is authorized to file a motion to submit
`supplemental information under 37 C.F.R. § 42.123(b) (the “Motion”);
`
`2
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`FURTHER ORDERED that the Motion, filed no later than ten days
`from the entry of this order, shall be no more than 8 pages, and supporting
`evidence, including any declaration, may be filed, however, any evidence
`submitted is limited to that directly related to alleged support for late
`submission under 37 C.F.R. § 42.123(b);
`FURTHER ORDERED that the Motion shall have as attachment(s)
`the supplemental information for which submission is sought, but the
`supplemental information at issue shall not be filed as exhibits;
`FURTHER ORDERED that if Patent Owner relies upon new
`testimonial evidence in a declaration, Petitioner may cross examine the
`declarant concerning that testimonial evidence within ten days after the
`filing of the Motion;
`FURTHER ORDERED that Petitioner may file an opposition to the
`Motion (the “Opposition”), filed no later than twenty days after the filing of
`the Motion, and the Opposition shall be no more than 8 pages; and
`FURTHER ORDERED that no reply brief may be filed.
`
`
`
`
`3
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`PETITIONER:
`
`Rory P. Shea
`Cole B. Richter
`George I. Lee
`Michael P. Boyea
`LEE SULLIVAN SHEA & SMITH LLP
`shea@ls3ip.com
`richter@ls3ip.com
`lee@ls3ip.com
`boyea@ls3ip.com
`
`
`PATENT OWNER:
`
`Christian Hurt
`William E. Davis, III
`THE DAVIS FIRM, PC
`churt@bdavisfirm.com
`www.davisfirm.com
`bdavis@davisfirm.com
`sue@davisfirm.com
`
`4
`
`
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