`571-272-7822
`
` Paper No. 9
` Entered: November 9, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TIDE INTERNATIONAL (USA), INC.,
`Petitioner,
`
`v.
`
`UPL NA INC.,
`Patent Owner.
`____________
`
`Case No. IPR2020-01113
`Patent No. 7,473,685 B2
`____________
`
`Before: SUSAN L. C. MITCHELL, ZHENYU YANG, and
`MICHAEL A. VALEK, Administrative Patent Judges.
`
`VALEK, Administrative Patent Judge.
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2020-01113
`Patent No. 7,473,685 B2
`
`
`
`Tide International (USA), Inc. (“Petitioner”) requests leave to file a
`short reply to Patent Owner’s Preliminary Response (“POPR”) regarding:
`Patent Owner’s statements regarding the status of the related
`district court proceeding (in particular, Patent Owner’s
`statement on p. 2 of its POPR that “there is no indication that
`the court would grant any request for a stay if this proceeding is
`instituted”), and Patent Owner’s allegations regarding
`overlapping references.
`Ex. 3001. UPL NA (“Patent Owner”) opposes. Id.
`
`Upon consideration, we find Petitioner’s request reasonable,
`particularly as it appears the status of the related district court proceeding
`has changed since the filing of the Petition (see Ex. 2001 (order dated
`September 1, 2020, revising case schedule upon consideration of Parties’
`Joint Status Report)); and Petitioner has not yet had an opportunity to brief
`its position regarding this change as it relates to 35 U.S.C. § 314(a).
`Accordingly, Petitioner’s request is granted. We will likewise allow Patent
`Owner to file a sur-reply to Petitioner’s reply brief, if it so chooses.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner may file a reply brief of no more than five
`
`pages in length addressing the status of the related district court proceeding
`and Patent Owner’s allegations regarding overlapping references.
`Petitioner’s reply brief is due by November 13, 2020.
`FURTHER ORDERED that Patent Owner may file a sur-reply brief
`of no more than five pages in length limited to the issues in Petitioner’s
`reply brief. Patent Owner’s sur-reply brief is due by November 20, 2020.
`
`
`
`2
`
`
`
`
`
`
`
`
`
`IPR2020-01113
`Patent No. 7,473,685 B2
`
`PETITIONER:
`
`Dorothy Whelan
`whelan@fr.com
`
`Thad Kodish
`tkodish@fr.com
`
`Jacqeline Tio
`tio@fr.com
`
`PATENT OWNER:
`
`Maximilienne Giannelli
`Maximilienne.giannelli@finnegan.com
`
`Anand Sharma
`Anand.sharma@finnegan.com
`
`Rajeev Gupta
`Raj.gupta@finnegan.com
`
`Joshua Goldberg
`Joshua.goldberg@finnegan.com
`
`
`3
`
`
`
`
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