`571-272-7822
`
`
`
`
`Paper 13
`Entered: November 13, 2020
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`IPR2020-01138 (Patent 8,382,186 B2)
` IPR2020-01140 (Patent 8,833,834 B2)1
`____________
`
`
`Before MITCHELL G. WEATHERLY, MICHAEL L. WOODS, and
`ARTHUR M. PESLAK, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing Reply to Preliminary Response by Petitioner
`And Sur-reply by Patent Owner
`37 C.F.R. §§ 42.5, 42.20
`
`
`1 This Order applies to both proceedings. The parties are not authorized to
`use this heading without express permission from the Board.
`
`
`
`IPR2020-01138 (Patent 8,382,186 B2)
`IPR2020-01140 (Patent 8,833,834 B2)
`
`
`BACKGROUND
`The Board has not yet rendered a decision on whether to institute
`review in these proceedings.
`On November 13, 2020, and at the panel’s request, a conference call
`was held with the parties to discuss further briefing in related proceedings
`IPR2020-01138 and IPR2020-01140.
`During the call, Petitioner requested permission to address arguments
`raised by Patent Owner in Patent Owner’s preliminary response. In
`particular, Petitioner requested permission to address Patent Owner’s
`priority and claim construction arguments.
`Patent Owner opposed Petitioner’s request, arguing that insufficient
`cause exists to permit additional briefing.
`Having considered Petitioner’s and Patent Owner’s positions, we find
`that sufficient cause exists, and authorize Petitioner to file a reply brief to
`address Patent Owner’s claim construction and priority arguments.
`37 C.F.R. § 42.20(d). We also authorize Patent Owner to file a sur-reply
`brief.
`
`
`
`2
`
`
`
`IPR2020-01138 (Patent 8,382,186 B2)
`IPR2020-01140 (Patent 8,833,834 B2)
`
`
`ORDER
`
`Accordingly, it is hereby:
`ORDERED that, in each proceeding, Petitioner is authorized to file a
`reply brief of no more than five (5) pages, if filed on or before November 20,
`2020, to address Patent Owner’s claim construction and priority arguments;
`FURTHER ORDERED that, in each proceeding, Patent Owner may
`file a sur-reply brief of no more than five (5) pages, if filed on or before
`November 30, 2020, and if limited to arguments raised in the reply brief;
`FURTHER ORDERED that neither party is authorized to file
`additional evidence with their respective briefs; and
`FURTHER ORDERED that Petitioner shall seasonably file the
`transcript of the conference call as a paper in both proceedings when it
`becomes available.
`
`
`
`
`
`3
`
`
`
`IPR2020-01138 (Patent 8,382,186 B2)
`IPR2020-01140 (Patent 8,833,834 B2)
`
`
`For PETITIONER:
`
`Mark P. Walters
`John J. Bamert
`LOWE GRAHAM JONES PLLC
`
`Ralph W. Powers III
`Jason A. Fitzsimmons
`Stephen A Merrill
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`walters@lowegrahamjones.com
`bamert@lowegrahamjones.com
`tpowers-PTAB@sternekessler.com
`jfitzsimmons-PTAB@sternekessler.com
`smerrill-PTAB@sternekessler.com
`
`
`For PATENT OWNER:
`
`David G. Wille
`Chad C. Walters
`Clarke W. Stavinohoa
`BAKER BOTTS L.L.P.
`
`Jefferson Perkins
`PERKINS IP LAW GROUP LLC
`
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
`jperkins@perkinsip.com
`
`
`
`4
`
`
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