`571-272-7822
`
`
`
`
`
`Paper 8
`Date: July 29, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`Before JAMESON LEE and NATHAN A. ENGELS,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS
`RESEARCH INSTITUTRE,
`Patent Owner.
`____________
`
`IPR2021-00827
`Patents 9,781,448 B2
`____________
`
`
`
`Order
`Conduct of the Proceeding
`37 C.F.R. § 42.05
`
`
`
`
`
`IPR2021-00827
`Patent 9,781,448 B2
`
`
`Introduction
`On July 27, 2021, Patent Owner filed a Preliminary Response. Paper
`7 (“Prelim. Resp.). In the Preliminary Response, Patent Owner asserts that
`Petitioner’s “paying Video Codec Zone members” are real parties-in-interest
`who must be identified in the Petition. Prelim. Resp. 72–78. According to
`Patent Owner, “[t]he Board should deny institution under § 314(a) and
`37 C.F.R. 42.108, or at least require Unified to identify its paying Video
`Codec Zone members as RPIs.” Id. at 78.
`Discussion
`It is appropriate to authorize Petitioner to file a reply to Patent
`
`Owner’s arguments in the Preliminary Response relating to identification of
`real parties-in-interest.
`
`Order
`
`It is
`ORDERED that the Petitioner is authorized to file a preliminary reply
`to Patent Owner’s Preliminary Response within one week of the date of this
`Order, no more than seven pages in length and limited to Patent Owner’s
`assertion that Petitioner’s “paying Video Codec Zone members” are real
`parties-in-interest who must be identified in the Petition as real parties-in-
`interest;1 and
`FURTHER ORDERED that Patent Owner is authorized to file a
`preliminary sur-reply to respond to Petitioner’s preliminary reply, within one
`week of the filing of Petitioner’s preliminary reply, no more than five pages,
`and without submitting additional evidence or raising any new issue.
`
`
`1 Submission of evidence is authorized.
`
`2
`
`
`
`IPR2021-00827
`Patent 9,781,448 B2
`
`
`For PETITIONER:
`Eric A. Buresh
`Robin Snader
`Erise IP, P.A.
`eric.buresh@eriseip.com
`robin.snader@eriseip.com
`ptab@eriseip.com
`
`Roshan Mansinghani
`Ashraf Fawzy
`Jung S. Halm
`Unified Patents, LLC
`roshan@unifiedpatents.com
`afawzy@unifiedpatents.com
`jung@unifiedpatents.com
`
`
`For PATENT OWNER:
`W. Karl Renner
`Roberto J. Devoto
`Nicholas Stephens
`Fish & Richardson P.C.
`IPR07314-0040IP1@fr.com
`PTABInbound@fr.com
`
`
`
`3
`
`
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