`571-272-7822
`
`
`Paper 11
`Entered: August 20, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC and WHATSAPP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`Case IPR2019-00924 (Patent 8,209,634 B2)
`Case IPR2019-00925 (Patent 8,209,634 B2)
`
`____________
`
`
`
`Before, MIRIAM L. QUINN, GREGG I. ANDERSON, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`IPR2019-00924 (Patent 8,209,634 B2)
`IPR2019-00925 (Patent 8,209,634 B2)
`
`
`Petitioner requested via email authorization to file a Reply to Patent
`Owner’s Preliminary Response to address Patent Owner’s arguments
`regarding discretionary denial under 35 U.S.C. §§ 314(a), 325(d). Patent
`Owner opposes the request. On another matter concerning the same parties
`(IPR2019-00787), the Board received the same email request, and
`authorized further briefing after holding a conference call with the parties.
`This panel is aware that Petitioner filed the Petitions on the captioned
`proceedings on April 4, 2019, which was before NHK Spring v. Intri-Plex
`Technologies1 was made precedential on May 7, 2019. The panel in this
`case is of the view that the discretionary denial issues that Petitioner would
`brief are narrow, and most of the facts have been laid out in Patent Owner’s
`Preliminary Response.
`ORDERED that Petitioner is authorized to file a Reply in each
`proceeding of no more than three pages, due three business days from the
`date of the issuance of this Order. The Reply is limited to the Board’s
`exercise of discretion to deny institution under 35 U.S.C. § 314(a) and/or
`§ 325(d).
`FURTHER ORDERED that Patent Owner is authorized to file in each
`proceeding a Sur-reply of no more than three pages, due three business days
`from the filing of Petitioner’s Reply. The Sur-reply is limited to issues
`raised in the Reply.
`
`
`
` Case IPR2018-00752 (PTAB Sept. 12, 2018) (Paper 8) (precedential).
`
` 1
`
`2
`
`
`
`IPR2019-00924 (Patent 8,209,634 B2)
`IPR2019-00925 (Patent 8,209,634 B2)
`
`PETITIONER:
`
`Heidi Keefe
`hkeefe@cooley.com
`
`Andrew Mace
`amace@cooley.com
`
`PATENT OWNER:
`
`Michael T. Hawkins
`hawkins@fr.com
`
`Ogi Zivojnovic
`ogizivojnovic@quinnemanuel.com
`
`James M. Glass
`jimglass@quinnemanuel.com
`
`Nicholas Stephens
`nstephens@fr.com
`
`Kenneth W. Darby
`kdarby@fr.com
`
`Kim Leung
`kim.leung@fr.com
`
`Craig A. Deutsch
`deutsch@fr.com
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
