`571-272-7822
`
`
`Paper 24
`Entered: December 15, 2022
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2020-00023
`Patent 6,467,088 B1
`____________
`
`
`
`Before MIRIAM L. QUINN, AMANDA F. WIEKER, and
`SCOTT RAEVSKY, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding—Remand Briefing Schedule
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2020-00023
`Patent 6,467,088 B1
`
`
`
`On December 12, 2022, the parties emailed the Board with a proposed
`procedure and schedule on remand. The parties agreed to each file,
`simultaneously, an opening brief by February 1, 2023 and a responsive brief
`by February 15, 2023. The proposal does not address the parties’ position
`with regard to a hearing. Based on our review of the Federal Circuit’s
`decision, and the agreement of the parties, we issue the following
`instructions and schedule (see DUE DATE APPENDIX).
`ORDER
`DUE DATE 1: The parties are authorized to each file a
`1.
`Remand Brief of no more than ten pages addressing the impact of the
`Federal Circuit’s opinion. Neither party is authorized to introduce
`new evidence. Regardless of the order in which the briefs are filed,
`we note that Petitioner retains the burden to prove unpatentability of
`the claims, by a preponderance of the evidence. See 35 U.S.C.
`§ 316(e).
`DUE DATE 2: The parties are authorized to each file a
`2.
`Response to the Remand Brief of no more than eight pages. The
`Response should address only arguments that are presented in the
`opposing party’s Remand Brief. Neither party is authorized to
`introduce new evidence.
`The parties may jointly stipulate changes to this schedule
`3.
`without authorization from the panel, but briefing may not be filed
`beyond February 24, 2023.
`No further briefing is authorized, and no oral argument will be
`4.
`held.
`
`
`
`
`2
`
`
`
`IPR2020-00023
`Patent 6,467,088 B1
`
`
`
`DUE DATE APPENDIX
`
`DUE DATE 1
`Remand Brief from both parties
`DUE DATE 2
`Response to Remand Brief from both parties
`
`February 1, 2023
`
`February 15, 2023
`
`
`
`
`3
`
`
`
`IPR2020-00023
`Patent 6,467,088 B1
`
`
`
`
`PETITIONER:
`
`Derrick W. Toddy (Lead Counsel)
`Andrew M. Mason
`John M. Lunsford
`Todd M. Siegel
`KLARQUIST SPARKMAN, LLP
`derrick.toddy@klarquist.com
`andrew.mason@klarquist.com
`john.lunsford@klarquist.com
`todd.siegel@klarquist.com
`
`PATENT OWNER:
`
`Ryan Loveless (Lead Counsel)
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`ETHERIDGE LAW GROUP
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`
`
`
`
`
`
`4
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`