`Tel: 571-272-7822
`
`Paper 33
`Entered: June 9, 2021
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)1
`____________
`
`
`Before MITCHELL G. WEATHERLY, JAMES A. WORTH,
`MICHAEL L. WOODS, and ARTHUR M. PESLAK, Administrative Patent
`Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`
`CONDUCT OF THE PROCEEDING
`Authorizing Motion to Submit Supplemental Information
`37 C.F.R. §§ 42.5, 42.123
`
`
`
`
`1 This Order applies to both proceedings. The parties are not authorized to
`use this heading without express permission from the Board.
`
`
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)
`
`
`On June 2, 2021, Patent Owner contacted the Board via e-mail
`requesting authorization to file a motion to submit supplemental information
`(“Motion”).
`A conference call was held between the parties and the panel on June
`7, 2021, to discuss Patent Owner’s request. In the e-mail and during the call,
`Patent Owner explained that the information sought to be submitted consists
`of several exhibits that have been served as supplemental evidence in
`response to Petitioner’s objections to those exhibits.
`Petitioner opposed Patent Owner’s request and sought permission to
`file an opposition to the Motion, if filed.
`37 C.F.R. § 42.123(b) provides,
`(b) Late submission of supplemental information. A party
`seeking to submit supplemental information more than one
`month after the date the trial is instituted, must request
`authorization to file a motion to submit the information. The
`motion to submit supplemental information must show why the
`supplemental information reasonably could not have been
`obtained earlier, and that consideration of the supplemental
`information would be in the interests-of-justice.
`We grant Patent Owner’s request. Patent Owner is authorized to file
`the Motion under Rule 42.123(b). Petitioner is authorized to file an
`opposition to the Motion.
`
`
`
`
`
`
`2
`
`
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)
`
`
`ORDER
`
`It is ORDERED that,
`Patent Owner may file, on or before June 10, 2021, a motion to submit
`supplemental information, not to exceed 15 pages; and
`Petitioner may file, no later than fourteen calendar days from Patent
`Owner’s motion, an opposition, not to exceed 15 pages.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)
`
`PETITIONER:
`
`Mark Walters
`LOWE GRAHAM JONES PLLC
`walters@lowegrahamjones.com
`
`Ralph Powers
`Jason Fitzsimmons
`Stephen Merrill
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`tpowers-ptab@sternekessler.com
`jfitzsimmons-ptab@sternekessler.com
`smerrill-ptab@sternekessler.com
`
`PATENT OWNER:
`
`David G. Wille
`Chad C. Walters
`Clarke W. Stavinoha
`BAKER BOTTS LLP
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
`
`Jefferson Perkins
`PERKINS IP LAW GROUP LLC
`jperkins@perkinsip.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
