`571-272-7822
`
` Paper 24
` Date: August 16, 2021
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`v.
`
`LBT IP I LLC,
`Patent Owner.
`
`
`IPR2020-01189 (Patent 8,497,774 B2)
`IPR2020-01190 (Patent 8,542,113 B2)
`IPR2020-01191 (Patent 8,102,256 B2)
`IPR2020-01192 (Patent 8,421,618 B2)
` IPR2020-01193 (Patent 8,421,619 B2)1
`
`
`
`
`Before SHEILA F. McSHANE and JULIET MITCHELL DIRBA,
`Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`1 We exercise our discretion to issue a single Order, to be filed in each case.
`The parties are not authorized to use this caption for subsequent papers.
`
`
`
`
`
`IPR2020-01189 (Patent 8,497,774 B2)
`IPR2020-01190 (Patent 8,542,113 B2)
`IPR2020-01191 (Patent 8,102,256 B2)
`IPR2020-01192 (Patent 8,421,618 B2)
`IPR2020-01193 (Patent 8,421,619 B2)
`On August 11, 2021, Petitioner filed a Joint Stipulation to modify Due
`Dates 2, 3, and 5 in these cases, that included modifications to the dates for
`the motions to amend briefing. See Paper 23.2 The Board expunged the
`Joint Stipulations because the Scheduling Orders (Paper 10, 8) and Orders
`for the Conduct of the Proceeding (Paper 14, 4) prohibited the parties from
`stipulating to different dates for briefing associated with the motions to
`amend. On August 12, 2021, Petitioner sought authorization for extensions
`to Dates 2, 3, and 5 to reset the due dates to September 3, October 15, and
`November 23, 2021, respectively, with no opposition to the request from
`Patent Owner.
`On August 13, 2021, the Board conducted a call to discuss the
`request. Petitioner indicated the request had been made because of the
`volume of briefing required in five cases, with on-going concurrent expert
`depositions.
`The Board is aware that addressing the motions to amend under the
`MTA Pilot Program in five parallel cases, along with addressing the merits
`associated with unpatentability issues, requires significant efforts by the
`parties. Nevertheless, we are constrained by statutory deadlines as reflected
`in the Scheduling Order (Paper 10), and, thus, do not grant the request for
`the full time requested and, instead, authorize extensions as follows:
`Revised Due Date 2—August 30, 2021
`Revised Due Date 3—October 12, 2021
`Revised Due Date 5—November 19, 2021.
`
`
`2 We refer to the filings of IPR2020-01189 as representative.
`
`2
`
`
`
`IPR2020-01189 (Patent 8,497,774 B2)
`IPR2020-01190 (Patent 8,542,113 B2)
`IPR2020-01191 (Patent 8,102,256 B2)
`IPR2020-01192 (Patent 8,421,618 B2)
`IPR2020-01193 (Patent 8,421,619 B2)
`Please note that these due date extensions apply to briefings related to
`the motions to amend, and the parties remain free to stipulate to other due
`dates for other briefings and/or motions not associated with the motions to
`amend, as explained in the Scheduling Order. See Paper 10, 8–9.
`
`Accordingly, it is
`ORDERED that Petitioner’s request for authorization to extend due
`dates for briefing associated with the motions to amend is granted-in-part,
`with the due dates reset to:
`Due Date 2 (Petitioner Opposition to MTA) —August 30, 2021
`Due Date 3 (Patent Owner Reply to MTA) —October 12, 2021
`Due Date 5 (Petitioner Sur-Reply to MTA) —November 19, 2021.
`
`
`3
`
`
`
`IPR2020-01189 (Patent 8,497,774 B2)
`IPR2020-01190 (Patent 8,542,113 B2)
`IPR2020-01191 (Patent 8,102,256 B2)
`IPR2020-01192 (Patent 8,421,618 B2)
`IPR2020-01193 (Patent 8,421,619 B2)
`FOR PETITIONER:
`
`Jennifer Bailey
`Adam Seitz
`Robin Snader
`Jocelyn Ram
`Kelly Hughes
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
`robin.snader@eriseip.com
`jocelyn.ram@eriseip.com
`kelly.hughes@eriseip.com
`
`
`FOR PATENT OWNER:
`
`Mitchell S. Zajac
`BUTZEL LONG, PC
`zajac@butzel.com
`
`
`
`4
`
`
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