`571-272-7822
`
`
`
`
`Paper 52
`Entered: March 28, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ASSA ABLOY AB, ASSA ABLOY INC.,
`ASSA ABLOY RESIDENTIAL GROUP, INC.,
`AUGUST HOME, INC.,
`HID GLOBAL CORPORATION, and
`ASSA ABLOY GLOBAL SOLUTIONS, INC.,
`Petitioner,
`v.
`CPC PATENT TECHNOLOGIES PTY, LTD.,
`Patent Owner.
`
`IPR2022-01006 (Patent 9,665,705 B2)
`IPR2022-01045 (Patent 9,269,208 B2)
`IPR2022-01089 (Patent 9,269,208 B2)1
`
`
`
`
`
`
`
`
`
`
`Before BARRY L. GROSSMAN and AMBER L. HAGY,
`Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`SCHEDULING ORDER FOLLOWING REMAND
`
`
`
`1 This Order applies to each of the above captioned proceedings. Unless
`specifically authorized by the Board, the parties are not authorized to use
`this style of filing.
`
`
`
`IPR2022-01006 (Patent 9,665,705 B2)
`IPR2022-01045 (Patent 9,269,208 B2)
`IPR2022-01089 (Patent 9,269,208 B2)
`
`
`This Scheduling Order is issued pursuant to the Director’s Review
`Decision vacating the Board’s Final Written Decisions and remanding these
`three cases to the Board Panel for further proceedings consistent with the
`Director’s Review Decision. Paper 49 (“Dir. Dec.” or “Director’s
`Decision”).2 The Director’s Decision states:
`[T]he Board shall authorize Petitioner to file supplemental
`briefing addressing: (1) the Board’s construction for the term
`“biometric signal” in the Final Written Decision and the
`application of the asserted art to the Board’s claim construction,
`and (2) perceived inconsistencies between the Final Written
`Decisions in these proceedings and those in IPR2022-00602 or
`IPR2022-00601, as applicable. The Board shall also authorize
`Patent Owner to file a supplemental response to Petitioner’s
`supplemental brief. After considering such briefing, the Board
`shall issue a new Final Written Decision in each of the captioned
`proceedings that considers the parties’ supplemental briefing
`when resolving the claim construction of “biometric signal,” the
`applicability of the prior art, and arguments as to inconsistency
`with IPR2022-00602 or IPR2022-00601, as applicable.
`Dir. Dec. 7.
`In accordance with the Director’s Decision, Petitioner is authorized to
`file a supplemental brief addressing: (1) the Board’s construction for the
`term “biometric signal” in the Final Written Decision and the application of
`the asserted art to the Board’s claim construction, and (2) perceived
`inconsistencies between the Final Written Decisions in these proceedings
`and those in IPR2022-00602 or IPR2022-00601, as applicable. Petitioner’s
`
`
`2 Unless otherwise noted, all citations are to papers and exhibits in IPR2022-
`01006. The same Order was filed in each of IPR2022-01045 and IPR2022-
`01089 as Paper 44.
`
`
`2
`
`
`
`IPR2022-01006 (Patent 9,665,705 B2)
`IPR2022-01045 (Patent 9,269,208 B2)
`IPR2022-01089 (Patent 9,269,208 B2)
`
`supplemental brief shall not exceed ten (10) pages and otherwise comply
`with all applicable rules for filing papers in IPR proceedings. Petitioner’s
`supplemental brief is due April 12, 2024.
`In accordance with the Director’s Decision, Patent Owner is
`authorized to file a supplemental response to Petitioner’s supplemental brief.
`Patent Owner’s supplemental response shall not exceed ten (10) pages and
`otherwise comply with all applicable rules for filing papers in IPR
`proceedings. Patent Owner’s supplemental response is due April 26, 2024,
`or 14 days after Petitioner’s supplemental brief is filed, whichever is earlier.
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties shall file supplemental briefing in each
`captioned proceeding consistent with the instructions and due dates stated
`above.
`
`
`
`
`3
`
`
`
`IPR2022-01006 (Patent 9,665,705 B2)
`IPR2022-01045 (Patent 9,269,208 B2)
`IPR2022-01089 (Patent 9,269,208 B2)
`
`FOR PETITIONER:
`
`Dion Bregman
`Andrew Devkar
`James Kritsas
`MORGAN, LEWIS & BOCKIUS LLP
`dion.bregman@morganlewis.com
`andrew.devkar@morganlewis.com
`james.kritsas@morganlewis.com
`
`FOR PATENT OWNER:
`
`Michael Rye
`CANTOR COLBURN LLP
`mrye@cantorcolburn.com
`
`4
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`