`571-272-7822
`
`Paper 30
`Date: June 3, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BAYERISCHE MOTOREN WERKE, AKTIENGESELLSCHAFT &
`BMW OF NORTH AMERICA, LLC,
`Petitioner,
`v.
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner.
`
`IPR2020-00994
`Patent 7,104,347 B2
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`ARTHUR M. PESLAK, Administrative Patent Judges.
`PESLAK, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2020-00994
`Patent 7,104,347 B2
`
`A conference call was held on June 2, 2021 between Judges Peslak,
`Medley, and Deshpande and counsel for Petitioner and Patent Owner to
`discuss rescheduling the oral hearing for this case and Patent Owner’s
`request for authorization to strike portions of Petitioner’s Reply.
`The Scheduling Order in this case set an oral hearing date of August
`19, 2021. Paper 20, 11. With mutual consent of the parties, the oral hearing
`date is hereby reset to August 25, 2021.
`After consideration of the arguments of the parties concerning Patent
`Owner’s request for authorization to file a Motion to Strike, the request is
`denied. In lieu of a Motion to Strike, Patent Owner may file a paper as set
`forth below.
`
`It is:
`
`ORDERED that no later than June 9, 2021, Patent Owner may file a 3
`page paper, without legal argument, specifically identifying arguments
`and/or evidence filed with the Petitioner Reply that Patent Owner contends
`is beyond the proper scope of the Petitioner Reply;
`
`FURTHER ORDERED that no later than June 16, 2021, Petitioner
`may file a 3 page response, without legal argument, identifying issues raised
`in the Patent Owner Response or our Decision on Institution (Paper 19) to
`which the evidence and/or arguments identified by Patent Owner
`purportedly responds;
`
`FURTHER ORDERED that no additional briefing is authorized; and
`
`FURTHER ORDERED that the oral hearing is reset to August 25,
`2021.
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2020-00994
`Patent 7,104,347 B2
`FOR PETITIONER:
`Jeffrey D. Sanok
`Vincent J. Galluzzo
`Scott L. Bittman
`CROWELL & MORING LLP
`jsanok@crowell.com
`vgalluzzo@crowell.com
`sbittman@crowell.com
`
`FOR PATENT OWNER:
`Ruffin B. Cordell
`Brian J. Livedalen
`Timothy W. Riffe
`FISH & RICHARDSON P.C.
`cordell@fr.com
`bvl@fr.com
`riffe@fr.com
`
`3
`
`
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