`571-272-7822
`
`Paper 13
`Entered: October 14, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`KOSS CORP.,
`Patent Owner.
`____________________
`
`IPR2021-00679; Patent 10,506,325 B1
`IPR2021-00686; Patent 10,491,982 B1
`IPR2021-00693; Patent 10,469,934 B2
`____________________
`
`
`Before KARL D. EASTHOM, PATRICK R. SCANLON, DAVID C.
`MCKONE, GREGG I. ANDERSON, and NORMAN H. BEAMER,
`Administrative Patent Judges.1
`
`
`MCKONE, Administrative Patent Judge.
`
`
`
`ORDER
` Dismissing Motion for Additional Discovery
`37 C.F.R. § 42.51(b)(i)
`
`
`
`
`
`
`1 This represents overlapping panels of judges in three cases. It is not an
`expanded panel.
`
`
`
`
`
`IPR2021-00679; Patent 10,506,325 B1
`IPR2021-00686; Patent 10,491,982 B1
`IPR2021-00693; Patent 10,469,934 B2
`
`Pursuant to our authorization, Patent Owner filed Motions for
`
`Additional Discovery in each of the above captioned proceedings. IPR2021-
`
`00679, Paper 13; IPR2021-00686, Paper 11; IPR2021-00693, Paper 10.2
`
`Since the filing of the Motions, but before Petitioner responded to the
`
`Motions, we denied institution in each of these proceedings. IPR2021-
`
`00679, Paper 14; IPR2021-00686, Paper 12; IPR2021-00693, Paper 11.
`
`Accordingly, Patent Owner’s Motions for Additional Discovery are moot
`
`and we dismiss them.
`
`
`
`In consideration of the foregoing, it is hereby
`
`ORDER
`
`ORDERED that Patent Owner’s Motions for Additional Discovery
`
`(IPR2021-00679, Paper 13; IPR2021-00686, Paper 11; IPR2021-00693,
`
`Paper 10) are dismissed as moot.
`
`
`
`
`
`
`
`
`
`
`
`
`2 Patent Owner experienced technical issues in filing its Motions in
`IPR2021-00686 and IPR2021-00693. However, the Motions were served
`properly and we authorized Patent Owner to re-file the Motions. See, e.g.,
`IPR2021-00686, Ex. 2050. We note also that Patent Owner was authorized
`to file a motion for additional discovery in IPR2021-00626, but we denied
`institution in that proceeding before Patent Owner sought to re-file that
`motion, which was subject to the same technical issues. Patent Owner also
`has filed Motions for Additional Discovery in IPR2021-00592 and IPR2021-
`00600, neither of which are affected by this Order.
`
`2
`
`
`
`IPR2021-00679; Patent 10,506,325 B1
`IPR2021-00686; Patent 10,491,982 B1
`IPR2021-00693; Patent 10,469,934 B2
`
`
`
`PETITIONER:
`
`Walter Renner
`Roberto Devoto
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`devoto@fr.com
`
`
`PATENT OWNER:
`
`Mark Knedeisen
`Lauren Murray
`Brian Bozzo
`K&L GATES LLP
`mark.knedeisen@klgates.com
`lauren.murray@klgates.com
`brian.bozzo@klgates.com
`
`3
`
`
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