`
`____________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`
`APPLE, INC.,
`
`Petitioner
`
`v.
`
`UUSI, LLC dba NARTRON
`
`Patent Owner
`
`____________________
`
`
`Cases IPR2019-00355; IPR2019-00356
`
`Patent No. 5,796,183
`
`____________________
`
`
`PATENT OWNER'S UNOPPOSED MOTION FOR
`EXTENSION OF TIME TO FILE PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. § 42.5
`
`
`
`2910186
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`
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`Case IPR2019-00355
`Patent No. 5,796,183
`
`Pursuant to 37 C.F.R. § 42.5, Patent Owner submits the present Unopposed
`
`Motion for Extension of Time, requesting that the Board extend the due date for
`the Preliminary Response fourteen (14) days—from April 9, 2019 until April 23,
`2019 to synchronize the due dates for Preliminary Reponses in three IPRs, namely
`IPR2019-00355, -00356, and -00357. Petitioner does not oppose Patent Owner’s
`Motion. The Unopposed Motion is supported by a showing of good cause. Thus,
`Patent Owner respectfully requests that the Board grant the Unopposed Motion.
`
`The Board authorized the filing of this Unopposed Motion via its email of
`March 29, 2019.
`
`The Board has the authority to modify the due date for the preliminary
`response on a showing of good cause. See 37 C.F.R. §§ 42.5(c)(1) and (2). Here,
`the facts and circumstances surrounding this case, as discussed below, support a
`showing of good cause for extending the due date for the preliminary response.
`
`Petitioner filed all of the following IPRs on November 29, 2018: IPR2019-
`00355, IPR2019-00356, IPR2019-00357, IPR2019-00358, IPR2019-00359, and
`IPR2019-00360. All six of these IPRs challenge the same patent. Based on the
`slightly varied dates of the PTAB notices, the current patent owner preliminary
`response due dates are as follows:
`
`
`IPR2019-00355: April 9, 2019
`
`
`IPR2019-00356: April 9, 2019
`
`
`IPR2019-00357: April 23, 2019
`
`
`IPR2019-00358: May 5, 2019
`
`
`IPR2019-00359: May 5, 2019
`
`
`IPR2019-00360: May 5, 2019.
`Patent Owner seeks to synchronize the first three patent owner preliminary
`
`
`
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`1
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`2910186
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`Case IPR2019-00355
`Patent No. 5,796,183
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`response dates to April 23, 2019, in order to address the first three petitions at the
`same time. This will simplify the proceedings by reducing the number of distinct
`due dates from three to two—with the first three preliminary responses due on
`April 23, 2019 and the second three preliminary responses due on May 5, 2019.
`This may also simplify the proceedings should institution occur, as it will likely
`reduce the number of depositions that will be needed because the due dates will be
`closer together.
`
`Patent Owner submits that the extension period of fourteen days is
`reasonable, and will not adversely impact the remaining schedule of the
`proceedings if an inter partes review is instituted. Patent Owner notes that the
`Board has granted similar motions in other proceedings. See Ubisoft, Inc., et al. v.
`Uniloc USA, Inc., et al., IPR2017-01290, Paper 10 (PTAB Jul. 21, 2017) (granting
`patent owner’s motion for extension of time to file preliminary response in
`recognition of good cause to synchronize due dates for three IPRs filed on same
`date against patents involved in related litigation).
`
`For the foregoing reasons, the present Unopposed Motion is supported by a
`showing of good cause warranting the extension of the due date for the preliminary
`response. Accordingly, Patent Owner respectfully requests that the Board grant the
`Unopposed Motion.
`
`
`Respectfully submitted,
`By: /s/ Joseph A. Rhoa
` Joseph A. Rhoa
` Reg. No. 37,515
` Jonathan A. Roberts
` Reg. No. 68,565
`NIXON & VANDERHYE P.C.
`
`2
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`2910186
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`
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`Dated: April 1, 2019
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2019-00355
`Patent No. 5,796,183
`
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Tel.: 703-816-4043
`Tel.: 703-816-4414
`Email: jar@nixonvan.com
`Email: jr@nixonvan.com
`
`
`
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`3
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`2910186
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`CERTIFICATE OF SERVICE
`
`Case IPR2019-00355
`Patent No. 5,796,183
`
`The undersigned hereby certifies that a true copy of the foregoing Patent Owner’s
`
`Unopposed Motion for Extension of Time to File Preliminary Response Pursuant
`
`to 37 C.F.R. § 42.5 was served on Petitioner Apple, Inc., on April 1, 2019, by
`
`emailing a copy to counsel at the email addresses listed below:
`
`W. Karl Renner, Reg. No. 41,265
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`IPR39521-0062IP1@fr.com
`PTABInbound@fr.com
`Axf-ptab@fr.com
`monaldo@fr.com
`dsmith@fr.com
`
`
`
`
`
`
`
`
`
` /s/ Joseph A. Rhoa
`Joseph A. Rhoa
`Reg. No. 37,515
`
`
`
`
`
`
`2910186
`
`
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