`571-272-7822
`
`Paper 9
`Date: April 4, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MEMORYWEB, LLC,
`Patent Owner.
`
` IPR2022-00031 (Patent 10,621,228 B2)
`IPR2022-00032 (Patent 9,552,376 B2)
` IPR2022-00033 (Patent 10,423,658 B2)
`IPR2022-00111 (Patent 11,017,020 B2)
`PGR2022-00006 (Patent 11,017,020 B2)1
`
`Before LYNNE H. BROWNE, NORMAN H. BEAMER,
`KEVIN C. TROCK, and JASON M. REPKO,
`Administrative Patent Judges.2
`
`TROCK, Administrative Patent Judge.
`
`
`
`
`
`
`1 We exercise our discretion to issue one Order to be filed in each of the five
`cases.
`2 This is not an expanded panel, but rather a combined list of the judges
`sitting on the panels of the five cases.
`
`
`
`
`
`
`
`
`
`
`
`
`
`ORDER
`Authorizing Reply and Sur-reply
`37 C.F.R. § 42.5(a)
`
`
`
`IPR2022-00031 (Patent 10,621,228 B2)
`IPR2022-00032 (Patent 9,552,376 B2)
`IPR2022-00033 (Patent 10,423,658 B2)
`IPR2022-00111 (Patent 11,017,020 B2)
`PGR2022-00006 (Patent 11,017,020 B2)
`
`Apple Inc. (“Petitioner”) filed petitions in IPR2022-00031; IPR2022-
`
`00032; IPR2022-00033; IPR2022-00111; and PGR2022-00006 to institute
`
`review of U.S. Patents 10,621,228 B2; 9,552,376 B2; 10,423,658 B2; and
`
`11,017,020 B2 owned by MemoryWeb, LLC (“Patent Owner”). IPR2022-
`
`00031, Paper 1.3
`
`Petitioner asked for a conference call with the Board to request
`
`supplemental briefing to address certain arguments raised by Patent Owner
`
`in its Preliminary Response concerning whether the Aperture 3 User Manual
`
`(A3UM) (Ex. 1005) qualifies as a printed publication under 35 U.S.C. § 102.
`
`A conference call with counsel for the parties was held on March 31, 2022,
`
`to discuss the parties’ positions on this issue and to consider whether
`
`supplemental briefing was warranted.
`
`35 U.S.C. § 42.108(c) (2020) provides that “[a] petitioner may seek
`
`leave to file a reply to the preliminary response in accordance with §§ 42.23
`
`and 42.24(c). Any such request must make a showing of good cause.” After
`
`considering the positions and arguments of the parties on this issue, as well
`
`as the evidence of record, we determine that Petitioner has established good
`
`cause and that supplemental briefing is warranted.
`
`Good cause having been shown, it is
`
`ORDERED that Petitioner may file a reply brief of no more than 5
`
`pages by April 18, 2022, limited solely to addressing Patent Owner’s
`
`arguments and evidence presented in the Patent Owner Preliminary
`
`
`3 Unless otherwise noted, all citations are to IPR2022-00031.
`
`2
`
`
`
`IPR2022-00031 (Patent 10,621,228 B2)
`IPR2022-00032 (Patent 9,552,376 B2)
`IPR2022-00033 (Patent 10,423,658 B2)
`IPR2022-00111 (Patent 11,017,020 B2)
`PGR2022-00006 (Patent 11,017,020 B2)
`
`Response concerning whether the Aperture 3 User Manual (A3UM) (Ex.
`
`1005) qualifies as a printed publication under 35 U.S.C. § 102; and
`
`FURTHER ORDERED that Patent Owner may file a sur-reply brief
`
`of no more than 5 pages by April 25, 2022, limited solely to addressing
`
`Petitioner’s arguments and evidence presented in the reply brief concerning
`
`whether the Aperture 3 User Manual (A3UM) (Ex. 1005) qualifies as a
`
`printed publication under 35 U.S.C. § 102.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2022-00031 (Patent 10,621,228 B2)
`IPR2022-00032 (Patent 9,552,376 B2)
`IPR2022-00033 (Patent 10,423,658 B2)
`IPR2022-00111 (Patent 11,017,020 B2)
`PGR2022-00006 (Patent 11,017,020 B2)
`
`For PETITIONER:
`
`Jeffrey Kushan
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`
`
`
`For PATENT OWNER:
`
`Jennifer Hayes
`George Dandalides
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`gdandalides@nixonpeabody.com
`
`
`
`
`
`
`
`
`
`
`4
`
`
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