`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 54
`Date: October 24, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)1
`
`____________
`
`
`
`Before JOSIAH C. COCKS, GEORGE R. HOSKINS, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`1 This order is being filed in each proceeding listed in the caption, due to the
`common issues addressed. The parties are not authorized to use a combined
`caption in these proceedings.
`
`
`
`
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)
`
`
`On October 23, 2023, Petitioner’s counsel sent an email
`communication (“Email”)2 to the Board requesting an increase in the page
`limitation for the Response to Expert Testimony, from 10 pages to
`15 pages,3 in both of these two proceedings. Petitioner suggests this
`increase is justified “given the length of Dr. Duckworth’s declaration
`(77 pages) and the number of issues addressed.” See Email.
`We have reviewed the Patent Owner Sur-reply4 and the Declaration of
`R. James Duckworth5 filed with the Sur-reply. We conclude that 10 pages is
`a sufficient allotment for Petitioner to respond to the 34 pages of argument
`in the Sur-reply, which includes several illustrations.
`In consideration of the foregoing, it is hereby ORDERED that
`Petitioner’s request for an increase in the page limitation for the Response to
`Expert Testimony is denied.
`
`
`2 See IPR2022-01291 Exhibit 3004 & IPR2022-01465 Exhibit 3003 (copy
`of Petitioner’s email communication, and Board’s email response).
`3 See IPR2022-01291 Paper 48 & IPR2022-01465 Paper 48 (Order
`concerning Petitioner’s Response to Expert Testimony, imposing page
`limitation at page 2).
`4 See IPR2022-01291 Paper 49 & IPR2022-01465 Paper 49.
`5 See IPR2022-01291 Exhibit 2100 & IPR2022-01465 Exhibit 2100.
`2
`
`
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)
`
`FOR PETITIONER:
`
`Walter Renner
`Nicholas Stephens
`Andrew B. Patrick
`Kim Leung
`Patrick J. Bisenius
`Patrick J. King
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`nstephens@fr.com
`patrick@fr.com
`leung@fr.com
`bisenius@fr.com
`pking@fr.com
`
`FOR PATENT OWNER:
`
`Brian Claassen
`Carol Pitzel Cruz
`Daniel C. Kiang
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2bcc@knobbe.com
`2cmp@knobbe.com
`2dck@knobbe.com
`
`3
`
`
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