`Trials@uspto.gov
`Date: March 2, 2021
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner.
`____________
`
`IPR2020-00200
`Patent 10,084,991 B2
`____________
`
`
`
`Before MICHAEL R. ZECHER, KEVIN C. TROCK, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5(a)
`
`On February 26, 2021, we held a conference call with counsel for the
`parties to discuss: 1) Petitioner’s objections to evidence filed on
`February 17, 2021 (Paper 23); and 2) Patent Owner’s Sur-reply (Paper 22)
`and Exhibits 2023–2031, filed on February 10, 2021. Prior to the conference
`call, we advised counsel by email to be prepared to discuss the merits of
`Petitioner’s objections as well as the propriety of Patent Owner’s exhibits in
`
`
`
`IPR2020-00200
`Patent 10,084,991 B2
`light of the admonition in the Consolidated Trial Practice Guide stating that
`“[t]he sur-reply may not be accompanied by new evidence other than
`deposition transcripts of the cross-examination of any reply witness.” Patent
`Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019) 73,
`available at https://www.uspto.gov/trialpracticeguideconsolidated.
`During the call, counsel for Patent Owner agreed that the filing of
`Exhibits 2023–2031 was contrary to the admonition in the Consolidated
`Trial Practice Guide, and agreed that these exhibits should be expunged
`from the record. Counsel for the parties also agreed to confer on which
`portions of the Sur-reply should be redacted for referencing or relying on
`Exhibits 2023–2031. Patent Owner’s Counsel agreed to file a redacted
`version of the Sur-reply with no other substantive changes by Friday,
`March 5, 2021.
`Accordingly, it is
`ORDERED that, pursuant to 37 C.F.R. § 42.7(a), Patent Owner’s
`Exhibits 2023–2031 shall be expunged from the record in this case;
`FURTHER ORDERED that, pursuant to 37 C.F.R. § 42.7(a), Patent
`Owner Sur-reply, Paper 22, shall be expunged from the record in this case;
`and
`
`FURTHER ORDERED that Patent Owner shall file a redacted version
`of its Sur-reply with no other substantive changes by Friday, March 5, 2021.
`
`
`
`2
`
`
`
`IPR2020-00200
`Patent 10,084,991 B2
`
`For PETITIONER:
`
`Jennifer Bailey
`Adam Seitz
`Paul Hart
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
`paul.hart@eriseip.com
`
`
`For PATENT OWNER:
`
`Robert Pluta
`Amanda Bonner
`Luiz Miranda
`James Fussell
`Saqib Siddiqui
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`lmiranda@mayerbrown.com
`jfussell@mayerbrown.com
`ssiddiqui@mayerbrown.com
`
`
`3
`
`
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