`571-272-7822
`
` Paper 10
`Date: May 17, 2022
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and GOOGLE LLC,
`Petitioner,
`v.
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`____________
`
`IPR2022-00385
`Patent 9,843,215 B2
`____________
`
`
`Before, JAMESON LEE, KARL D. EASTHOM, and
`BRIAN J. McNAMARA, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2022-00385
`Patent 9,843,215 B2
`
`
`On May 9, 2022, Patent Owner filed a Preliminary Response.
`Paper 8. Patent Owner asserts that the Petition should be discretionarily
`denied under 35 U.S.C. § 314(a) by application of the factors set forth in
`Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 at 5–6 (PTAB Mar. 20,
`2020) (precedential). Prelim. Resp. 41–53. Patent Owner also asserts that
`the Petition should be discretionarily denied under 35 U.S.C. § 314(a), as a
`“follow on” petition, by application of the factors set forth in General
`Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19
`at 16 (PTAB Sept. 6, 2017) (precedential as to § II.B.4.i). Id. at 32–41.
`It is
`ORDERED that Petitioner is authorized to file a Preliminary Reply,
`limited to eight pages, to address the discretionary denial arguments of
`Patent Owner under 35 U.S.C. § 314(a), divided into two parts, one
`pertaining to factors under “Fintiv,” and the other pertaining to factors under
`“Genral Plastic,” due within one week of the day of entry of this Order;1 and
`FURTHER ORDERED that Patent Owner is authorized to file a
`Preliminary Sur-Reply, limited to eight pages, also divided into two parts,
`one pertaining to “Fintiv” factors and the other pertaining to “General
`Plastic” factors, due within one week of the filing of Petitioner’s
`Preliminary Reply, which only responds to Petitioner’s Preliminary Reply
`on the issue of discretionary denial under 35 U.S.C. § 314(a), not to advance
`additional arguments not included in the Preliminary Response.
`
`
`
`1 In particular, we would like Petitioner to inform the Board what
`relationship exists between any of Petitioner’s real parties in interest and
`Patent Owner.
`
`2
`
`
`
`IPR2022-00385
`Patent 9,843,215 B2
`
`FOR PETITIONER:
`
`John Kappos
`Cameron W. Westin
`O’Melveny & Myers LLP
`jkappos@omm.com
`cwestin@omm.com
`
`Naveen Modi
`Joseph E. Palys
`Phillip Citroën
`Paul M. Anderson
`Quadeer A. Ahmed
`Paul Hastings LLP
`PH-Google-Scramoge-IPR@paulhastings.com
`
`
`
`FOR PATENT OWNER:
`
`Bret Cooper
`Reza Mirzaie
`Russ, August & Kabat
`bcooper@raklaw.com
`rmirzaie@raklaw.com
`rak_scramoge@raklaw.com
`
`
`3
`
`
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