`
`
` Paper 7
`
`
`
`
` Entered: March 2, 2023
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS INC. and LG ELECTRONICS USA, INC.,
`Petitioner,
`v.
`IMAGE PROCESSING TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`IPR2023-00104
`Patent 6,959,293 B2
`____________
`
`
`
`
`Before MICHAEL R. ZECHER, BARBARA A. BENOIT, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`
`
`BENOIT, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`Authorizing Filing of Reply and Sur-Reply
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`IPR2023-00104
`Patent 6,959,293 B2
`
`
`On March 1, 2023, Petitioner contacted the Board via e-mail
`(Ex. 3001) requesting authorization to file a reply to Patent Owner’s
`Preliminary Response (Paper 6) filed on February 21, 2023. Specifically, in
`its e-mail, Petitioner requests authorization to file up to a five-page reply
`without introducing new evidence and limited to addressing Patent Owner
`arguments for discretionary denial under 35 U.S.C. §§ 314(a) and 325(d).
`Petitioner indicates that Patent Owner does not oppose Petitioner’s request.
`Petitioner further indicates that the parties agree to Patent Owner filing up to
`a five-page sur-reply.
`We determine that good cause exists to grant Petitioner’s unopposed
`request. Petitioner included in its Petition arguments that institution should
`not be denied under § 325(d) or § 314(a). Paper 1, 22–29, 75–79.
`Additionally, we determine that a reply would be helpful to the Board in
`deciding whether to exercise its discretion to deny institution in the present
`proceeding.
`Accordingly, Petitioner’s unopposed request for authorization to file a
`reply is granted. Petitioner may file, on or before March 9, 2023, a reply to
`Patent Owner’s Preliminary Response limited to addressing Patent Owner’s
`arguments for discretionary denial under 35 U.S.C. §§ 314(a) and 325(d),
`not introducing any new evidence, and not exceeding five pages. Patent
`Owner may file, no later than March 16, 2023, a sur-reply addressing the
`same and not exceeding five pages.
`It is so ORDERED.
`
`
`
`
`2
`
`
`
`
`IPR2023-00104
`Patent 6,959,293 B2
`
`For PETITIONER:
`
`Benjamin Haber
`Clarence A. Rowland
`William M. Fink
`O’MELVENY & MYERS LLP
`bhaber@omm.com
`crowland@omm.com
`tfink@omm.com
`
`
`FOR PATENT OWNER:
`Michael E. Shanahan
`ELLENOFF GROSSMAN & SCHOLE LLP
`pattman2@gmail.com
`mshanahan@egsllp.com
`
`William Allen Moon
`WINSTEAD PC
`amoon@winstead.com
`
`
`3
`
`
`
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