`
`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.
`
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`2
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`
`
`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
`
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`3
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