`571-272-7822
`
`Paper 5
`Entered: April 3, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLEX LOGIX TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`VENKAT KONDA,
`Patent Owner.
`____________
`
`IPR2020-00260
`IPR2020-00261
`IPR2020-002621
`Patent 8,269,523 B2
`____________
`
`Before SALLY C. MEDLEY, THOMAS L. GIANNETTI, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R.§ 42.5
`
`1 The parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2020-00260
`IPR2020-00261
`IPR2020-00262
`Patent 8,269,523 B2
`
`
`
`On Friday, March 20, 2020, Patent Owner Venkat Konda contacted
`
`the Board to request an extension of the March 24, 2020 deadline to file
`
`preliminary responses in the above-referenced proceedings. Ex. 3001.
`
`Patent Owner requested the extension due to the shelter-in-place order in
`
`San Jose, California (where Patent Owner is located) that went into effect on
`
`March 17, 2020. Id. In light of the circumstances, we extended the due date
`
`for the preliminary responses for two weeks, to April 7, 2020. Id.
`
`On March 31, 2020, the Office issued a Notice of Waiver of Patent-
`
`Related Timing Deadlines under the Coronavirus Aid, Relief, and Economic
`
`Security Act (“CARES Act Notice”). The CARES Act Notice states, in
`
`relevant part:
`
`Upon a request to the USPTO affirming that a filing due
`between, and inclusive of both, March 27, 2020 and April 30,
`2020 was or may be delayed due to the COVID-19 outbreak as
`defined above in subsection (1)(b), the PTAB shall provide a 30
`day extension of time for . . . a patent owner preliminary
`response in a trial proceeding under 37 C.F.R. §§ 42.107 or
`42.207, or any related responsive filing.
`
`CARES Act Notice, 3 (subsection (2)(a)(iii)). Subsection (1)(b) of the
`
`CARES Act Notice provides, in relevant part, that a delay in filing is due to
`
`the COVID-19 outbreak if a patent owner or other person associated with
`
`the filing was personally affected by the COVID-19 outbreak, including
`
`through office closures, inaccessibility of files or other materials, or similar
`
`circumstances.
`
`
`
`On April 1, 2020, Patent Owner contacted the Board by e-mail,
`
`requesting a further extension of the preliminary response filing deadline in
`
`2
`
`
`
`IPR2020-00260
`IPR2020-00261
`IPR2020-00262
`Patent 8,269,523 B2
`
`
`light of the Office’s CARES Act Notice. Patent Owner states that, as a pro
`
`se litigant, he is “severely affected for the lack of help/ability to do research
`
`due to the shelter-in-p[l]ace in San Jose CA which is as of now extended
`
`[until] May 3, 2020.” Ex. 3001.
`
`We determine that Patent Owner has made the requisite showings, and
`
`therefore, in accordance with the CARES Act Notice, we agree that a thirty-
`
`day extension of Patent Owner’s deadline to file preliminary responses in
`
`these proceedings is warranted. Accordingly, we grant the request and
`
`extend the due date for filing a preliminary response in each of the above-
`
`referenced proceedings from April 7, 2020, to May 6, 2020.
`
`
`
`It is therefore
`
`ORDERED that Patent Owner’s deadline to file a preliminary
`
`response in each of IPR2020-00260, IPR2020-00261, and IPR2020-00262 is
`
`extended to May 6, 2020.
`
`
`
`
`
`3
`
`
`
`IPR2020-00260
`IPR2020-00261
`IPR2020-00262
`Patent 8,269,523 B2
`
`
`PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Paul M. Anderson
`Arvind Jairam
`PAUL HASTINGS LLP
`PH-FlexLogix-Konda-IPR@paulhastings.com
`
`
`PATENT OWNER:
`
`Venkat Konda
`Venkat@kondatech.com
`
`
`
`
`
`
`4
`
`
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