`571-272-7822
`
` Paper 9
`
`
` Entered: November 5, 2021
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`SOLAS OLED LTD.,
`Patent Owner.
`____________
`
`IPR2021-01254
`Patent 8,526,767 B2
`____________
`
`
`
`Before SALLY C. MEDLEY, JOHN A. HUDALLA, and JULIA HEANEY,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`Patent Owner’s Preliminary Response (Paper 8) requests that we
`
`exercise our discretion under 35 U.S.C. § 314(a) to deny institution based
`on, inter alia, Apple Inc. v. Fintiv, Inc., IPR2020-00019 (PTAB Mar. 20,
`2020) (precedential) (“Fintiv”). We determine, sua sponte, that it would be
`beneficial to have further briefing on this issue. Accordingly, Petitioner is
`
`
`
`
`
`IPR2021-01254
`Patent 8,526,767 B2
`
`
`authorized to file a reply and Patent Owner is authorized to file a sur-reply
`as set forth below.
`
`ORDER
`
`It is
`
`ORDERED that Petitioner is authorized to file a reply, limited to five
`
`pages and to Patent Owner’s discussion of discretionary denial under 35
`U.S.C. § 314(a), due one week from the date of this Order; and
`
`FURTHER ORDERED that Patent Owner is authorized to file a sur-
`reply, limited to five pages and to the assertions in Petitioner’s preliminary
`reply, due one week from the filing of Petitioner’s reply.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2021-01254
`Patent 8,526,767 B2
`
`PETITIONER:
`
`Ryan Yagura
`Nicholas Whilt
`Caitlin Hogan
`O’MELVENY & MYERS LLP
`ryagura@omm.com
`nwhilt@omm.com
`chogan@omm.com
`
`
`PATENT OWNER:
`Neil A. Rubin
`Philip Wang
`Russ August & Kabat
`nrubin@raklaw.com
`pwang@raklaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`