`571-272-7822
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`Paper No. 27
`Entered: November 20, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00952
`Patent 9,253,239 B2
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`
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`Before BRIAN J. McNAMARA and MINN CHUNG,
`Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5(a)
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`IPR2018-00952
`Patent 9,253,239 B2
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`I. DISCUSSION
`Patent Owner Bradium Technologies LLC (“Patent Owner”)
`contacted the Board via e-mail dated November 15, 2018, requesting
`authorization to file a sur-reply to Petitioner’s reply to Patent Owner’s
`Preliminary Response. In the e-mail, Patent Owner asserts that good cause
`exists because Petitioner’s reply discusses the Board’s institution decision in
`Unified Patents Inc. v. Realtime Adaptive Streaming, LLC, Case IPR2018-
`00883, which issued after Patent Owner’s Preliminary Response was filed.
`The e-mail indicates that Petitioner Unified Patents Inc. (“Petitioner”) does
`not oppose Patent Owner’s request.
`After consideration of the matter, we determine good cause exists for
`Patent Owner’s request and therefore authorize Patent Owner to file a sur-
`reply to Petitioner’s reply to Patent Owner’s Preliminary Response. See
`37 C.F.R. § 42.108(c); see also 37 C.F.R. § 42.20(d) (“The Board may order
`briefing on any issue involved in the trial.”). In view of our determination,
`no conference call is necessary at this time.
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`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s request for authorization to file a
`sur-reply to Petitioner’s reply (Paper 25) to Patent Owner’s Preliminary
`Response is granted;
`FURTHER ORDERED that the sur-reply is limited to addressing the
`factual assertions and legal arguments made in Petitioner’s reply regarding
`real-parties-in-interest;
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`2
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`IPR2018-00952
`Patent 9,253,239 B2
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`FURTHER ORDERED that Patent Owner may not file new evidence
`with the sur-reply;
`FURTHER ORDERED that the sur-reply is not to exceed 6 pages;
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`and
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`FURTHER ORDERED that the sur-reply is to be filed no later than
`December 3, 2018.
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`3
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`IPR2018-00952
`Patent 9,253,239 B2
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`PETITIONER:
`Jonathan Stroud
`jonathan@unifiedpatents.com
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`Roshan Mansinghani
`roshan@unifiedpatents.com
`
`David Cavanaugh
`david.cavanaugh@wilmerhale.com
`
`Dan Williams
`daniel.williams@wilmerhale.com
`
`Jonathan Robe
`jonathan.robe@wilmerhale.com
`
`PATENT OWNER:
`Chris Coulson
`ccoulson@bdiplaw.com
`
`Lauren Robinson
`lrobinson@bdiplaw.com
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`4
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