`
`Trials@uspto.gov
`Tel: 571-272-7822 Entered: May 27, 2022
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`APPLE INC.,
`Petitioner,
`v.
`KOSS CORPORATION,
`Patent Owner.
`____________
`
`IPR2021-00592
`Patent 10,469,934 B2
`____________
`
`
`
`Before PATRICK R. SCANLON, DAVID C. McKONE,
`and GREGG I. ANDERSON, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.05
`
`
`
`IPR2021-00592
`
`Patent 10,469,934 B2
`
`INTRODUCTION
`An oral hearing was held in this proceeding on May 25, 2022.
`Petitioner argued at the oral hearing that, because claim 1 is directed to a
`“headphone assembly,” the claim language “a remote, network-connected
`server that is in wireless communication with the mobile, digital audio
`player,” recited in claim 1, should not be given patentable weight. Patent
`Owner provided responsive arguments, but noted (and we observed as well),
`that Petitioner had not presented this argument as to the scope of claim 1 in its
`Petition or Reply. Patent Owner expressed concern that it was unfair to have
`to respond to this argument for the first time at the hearing.
`Because the scope of claim 1 is a matter of law on which issues in this
`proceeding could turn, and to afford the parties a fair opportunity to address
`this issue in briefing, we authorize the parties to submit additional briefing.
`The additional briefing is limited to whether “a remote, network-connected
`server that is in wireless communication with the mobile, digital audio
`player,” recited in claim 1, should be given patentable weight.
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that on or before June 6, 2022, the parties are authorized to
`concurrently file additional briefs of not more than seven (7) pages;
`ORDERED that the briefs are limited to the issue as detailed above; and
`FURTHER ORDERED that no other issues shall be briefed and no
`additional exhibits may be filed with the briefs.
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2021-00592
`
`Patent 10,469,934 B2
`PETITIONER:
`Walter K. Renner
`David L. Holt
`Joel Henry
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`holt2@fr.com
`jhenry@fr.com
`
`PATENT OWNER:
`Mark Knedeisen
`K&L GATES LLP
`mark.knedeisen@klgates.com
`
`
`
`
`
`
`3
`
`
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
