`571.272.7822
`
`Paper No. 36
`
` Date: December 20, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CANON U.S.A., INC., GOPRO, INC.,
`GARMIN INTERNATIONAL, INC., AND GARMIN USA, INC.,
`Petitioners,
`
`v.
`
`CELLSPIN SOFT, INC.,
`Patent Owner.
`_____________
`
`Case IPR2019-001271
`Patent 9,258,698 B2
`
`
`
`
`Before GREGG I. ANDERSON, DANIEL J. GALLIGAN, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`ORDER
`Authorizing Petitioner and Patent Owner
`to Each File a Motion to Strike
`37 C.F.R. § 42.20(b)
`
`
`
`
`
`
`
`
`1 GoPro, Inc., Garmin International, Inc., and Garmin USA, Inc. were joined as
`parties to this proceeding. Paper 27.
`
`
`
`
`IPR2019-00127
`Patent 9,258,698
`
`
`
`INTRODUCTION
`
`
`
`On December 12, 2019, Canon U.S.A., Inc. (“Canon”) and Cellspin Soft,
`
`Inc. (“Patent Owner”) each requested authorization to file respective motions to
`
`strike under 37 C.F.R. § 42.20(b). See Ex. 3001 (parties’ email). Pursuant 37
`
`C.F.R. § 42.21, the Board required Canon and Patent Owner to each file a notice
`
`(“Notices”) regarding the specific relief the party requests and the basis for the
`
`requested relief. Id. On December 18, 2019, each party filed their respective
`
`Notices. Paper 33 (Canon’s notice); Paper 35 (Patent Owner’s corrected notice).
`
`DISCUSSION
`
`Upon review of the Notices of the parties, we authorize Canon and Patent
`
`Owner each to file a motion to strike consistent with their respective Notices. See
`
`37 C.F.R. § 42.21(c)(2). The motions shall be filed on or before January 3, 2020,
`
`and Canon and Patent Owner may each file an opposition to the other’s motion by
`
`January 10, 2020. The page limits set forth in 37 C.F.R. § 42.24 apply.
`
`For future filings, the parties are reminded to use the caption of the joined
`
`proceeding. See Paper 27, 32.
`
`
`
`It is
`
`ORDER
`
`ORDERED that on or before January 3, 2020, Canon and Patent Owner are
`
`each authorized to file a motion to strike consistent with the previously filed
`
`Notices;
`
`FURTHER ORDERED that Canon and Patent Owner may each file an
`
`opposition to the other party’s motion to strike on or before January 10, 2020;
`
`FURTHER ORDERED that no reply is authorized at this time; and
`
`FURTHER ORDERED that the page limits set forth in 37 C.F.R. § 42.24
`
`2
`
`
`
`
`
`
`IPR2019-00127
`Patent 9,258,698
`
`apply.
`
`
`
`PETITIONER:
`
`Jared Newton
`jarednewton@quinnemanuel.com
`
`
`PATENT OWNER:
`
`John Edmonds
`pto-edmonds@ip-lit.com
`
`Eric Carr
`ecarr@ip-lit.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
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