`Trials@uspto.gov
`571-272-7822 Entered: April 17, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CANON INC., CANON U.S.A., INC.,
`and AXIS COMMUNICATIONS AB,
`
`Petitioner,
`
`v.
`
`AVIGILON FORTRESS CORPORATION,
`
`Patent Owner.
`____________
`
`Case IPR2019-00311 (Patent 7,932,923 B2)
`Case IPR2019-00314 (Patent 7,932,923 B2)1
`
`
`
`
`Before KIMBERLY McGRAW and JESSICA C. KAISER, Administrative
`Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`1 This Order pertains to both of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this heading style for any subsequent papers
`
`
`
`IPR2019-00311 (Patent 7,932,923 B2)
`IPR2019-00314 (Patent 7,932,923 B2)
`
`
`On April 15, 2019, Petitioner submitted an email (Ex. 3001) to the
`
`Board requesting authorization to file a reply brief, of no more than five
`
`pages, to Patent Owner’s Preliminary Response in each of the above
`
`referenced proceedings. Specifically, Petitioner requests a reply in
`
`IPR2019-00311 to address Patent Owner’s assertion that certain references
`
`(i.e., Kellogg and Brill) are not printed publications and a reply in
`
`IPR2019-00314 to address Patent Owner’s assertion that certain references
`
`(i.e., Brill and Dimitrova) are not printed publications. Petitioner asserts that
`
`good cause exists because each of the references were found to be printed
`
`publications in IPR2018-00138 and IPR2018-00140 involving a related
`
`patent. Petitioner also states Patent Owner disagrees good cause exists but
`
`does not oppose Petitioner’s requests if Patent Owner is permitted to file a
`
`sur-reply of equal length in each proceeding.
`
`Having considered Petitioner’s and Patent Owner’s contentions, we
`
`determine good cause exists supporting Petitioner’s request for a reply in
`
`each proceeding to address Patent Owner’s assertions that the asserted
`
`references are not printed publications. Given that whether a reference
`
`qualifies as a printed publication is a threshold issue, allowing the parties to
`
`brief this issue early promotes efficiencies for the parties and the Board.
`
`
`
`Accordingly, it is:
`
`ORDER
`
`ORDERED that Petitioner’s request for leave to file a reply of no
`
`more than five pages to Patent Owner’s Preliminary Response in each
`
`proceeding is granted;
`
`2
`
`
`
`IPR2019-00311 (Patent 7,932,923 B2)
`IPR2019-00314 (Patent 7,932,923 B2)
`
`
`FURTHER ORDERED that Patent Owner’s request to file a sur-reply
`
`of no more than five pages in each proceeding is granted;
`
`FURTHER ORDERED that each reply shall be filed by
`
`April 23, 2019 and each sur-reply shall be filed by April 30, 2019.
`
`
`
`
`
`PETITIONER:
`
`Joseph Calvaruso
`Jvcptabdocket@orrick.com
`
`C. Gregory Gramenopoulos
`gramenoc@finnegan.com
`
`Richard Martinelli
`rfmptabdocket@orrick.com
`
`
`PATENT OWNER:
`
`Eugene Goryunov
`egoryunov@kirkland.com
`
`Michael Dokhanchy
`Reza.dokhanchy@kirkland.com
`
`
`3
`
`
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