`571-272-7822
`
`Entered: November 24, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KEYME, LLC,
`Petitioner,
`
`v.
`
`THE HILLMAN GROUP, INC.,
`Patent Owner.
`____________
`
`IPR2020-01028
`Patent 9,914,179 B2
`____________
`
`
`Before PATRICK R. SCANLON, MICHAEL L. WOODS, and
`PAUL J. KORNICZKY, Administrative Patent Judges.
`
`KORNICZKY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2020-01028
`Patent 9,914,179 B2
`
`
`I. INTRODUCTION
`Petitioner asserts that certain claims of US Patent 9,914,179 B2 are
`unpatentable. Paper 1, 20–81 (“Pet.”). Patent Owner filed a Preliminary
`Response requesting, in part, that we exercise our discretion under 35 U.S.C.
`§ 314(a) to deny the Petition. Paper 6, 2–12 (“Prelim. Resp.”).
`On November 20, 2020, and at the Panel’s request, a conference call
`was held among counsel for the parties and Judges Scanlon, Woods, and
`Korniczky to discuss the § 314(a) issues. During the conference call,
`Petitioner requested permission to file a Reply to address the § 314(a) issues.
`Good cause having been shown for additional briefing to address these
`issues, Petitioner is authorized to file a Reply to Patent Owner’s Preliminary
`Response, limited to ten pages, no later than December 4, 2020. Patent
`Owner is authorized to file a Sur-Reply to Petitioner’s Reply, also limited to
`ten pages, within seven calendar days of the filing date of the Reply.
`Briefing shall be limited to issues related to 35 U.S.C. § 314(a).
`II. ORDER
`It view of the foregoing, it is
`ORDERED that Petitioner is authorized to file a Reply to Patent
`Owner’s Preliminary Response, limited to ten pages, no later than December
`4, 2020;
`FURTHER ORDERED that Patent Owner is authorized to file a Sur-
`Reply, limited to ten pages, within seven calendar days of the filing date of
`the Reply; and
`FURTHER ORDERED that the above briefing is limited to issues
`related to 35 U.S.C. § 314(a).
`
`
`
`2
`
`
`
`IPR2020-01028
`Patent 9,914,179 B2
`
`PETITIONER:
`James M. Glass
`Sean Gloth
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`seangloth@quinnemanuel.com
`
`PATENT OWNER:
`Joshua L. Goldberg
`Christopher P. Isaac
`Ryan P. O’Quinn
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`joshua.goldberg@finnegan.com
`chris.isaac@finnegan.com
`oquinnr@finnegan.com
`
`
`
`3
`
`
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