`571-272-7822
`
`Paper 9
`Date: February 7, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`VERVAIN, LLC,
`Patent Owner.
`_______________
`
`IPR2021-01547 (Patent 8,891,298 B2)
`IPR2021-01548 (Patent 9,196,385 B2)
`IPR2021-01549 (Patent 9,997,240 B2)1
`_______________
`
`Before SALLY C. MEDLEY, STACEY G. WHITE, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`1 These cases have not been joined or consolidated. Rather, this Order
`governs each case based on common issues. The parties shall not employ
`this heading style.
`
`
`
`IPR2021-01547 (Patent 8,891,298 B2)
`IPR2021-01548 (Patent 9,196,385 B2)
`IPR2021-01549 (Patent 9,997,240 B2)
`
`
`INTRODUCTION
`I.
`On February 3, 2022, Judges Medley, White, and Weinschenk held a
`telephone conference call with counsel for Micron Technology, Inc.
`(“Petitioner”) and counsel for Vervain, LLC (“Patent Owner”). This Order
`summarizes statements made during the conference call.
`II. ANALYSIS
`Petitioner requested authorization to file a reply to Patent Owner’s
`Preliminary Response to address Patent Owner’s construction of the term
`“blocks.” Petitioner argued that because Patent Owner’s construction is not
`consistent with the claims or the written description, Petitioner could not
`have reasonably anticipated Patent Owner’s construction. Patent Owner
`responded that the Preliminary Response simply applies the plain and
`ordinary meaning of the term “blocks” and is consistent with how Petitioner
`uses that term in the Petition.
`After hearing the respective positions of the parties, we denied
`Petitioner’s request for authorization to file a reply to the Preliminary
`Response. We explained that at this time the current record is sufficient for
`us to address the parties’ dispute about the term “blocks.” Nonetheless, if
`we later determine that additional briefing is necessary, we will schedule
`another conference call with the parties.
`III. ORDER
`
`It is hereby
`ORDERED that Petitioner’s request for authorization to file a reply to
`the Preliminary Response is denied.
`
`
`
`2
`
`
`
`IPR2021-01547 (Patent 8,891,298 B2)
`IPR2021-01548 (Patent 9,196,385 B2)
`IPR2021-01549 (Patent 9,997,240 B2)
`
`PETITIONER:
`
`Jeremy Jason Lang
`Jared Bobrow
`Parth Sagdeo
`Christopher Childers
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`jlang@orrick.com
`jbobrow@orrick.com
`psagdeo@orrick.com
`cchilders@orrick.com
`
`
`PATENT OWNER:
`
`Alan Whitehurst
`James E. Quigley
`Christopher P. McNett
`MCKOOL SMITH, P.C.
`awhitehurst@mckoolsmith.com
`jquigley@mckoolsmith.com
`cmcnett@mckoolsmith.com
`
`3
`
`
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