`571-272-7822
`
` Paper 8
` Date: July 6, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG DISPLAY CO., LTD., and
`SONY CORPORATION,
`Petitioners,
`
`
`
`v.
`
`SURPASS TECH INNNOVATION LLC,
`Patent Owner.
`
`
`Case IPR2015-00887
`Patent 7,420,550
`
`
`Before SALLY C. MEDLEY, BRYAN F. MOORE, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`SHAW, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00887
`Patent 7,420,550
`
`
`
`
`
`During a conference call held on July 6, 2015, between counsel for the
`parties and Judges Medley, Moore, and Shaw, counsel for Petitioner requested
`authorization to file supplemental evidence in the form of a declaration of a
`foreign language translator to support a foreign language document relied on by
`Petitioner as prior art. The Patent Owner had, in its Preliminary Response,
`objected to the certification of translation that was provided by Petitioner in
`support of the English translation of the document.
`The Board has not yet determined whether to institute inter partes review in
`this case. The Board directs the parties to 37 C.F.R. § 42.64. Any objection to
`evidence filed prior to institution of trial must be served within ten business days
`of institution of the trial. 37 C.F.R. § 42.64(b)(1). The party relying on evidence
`to which an objection is timely served may respond to the objection by serving
`supplemental evidence within ten business days of service of the objection.
`37 C.F.R. § 42.64(b)(2). Because the action contemplated by Petitioner is
`specifically covered by 37 C.F.R. § 42.64(b)(1) and § 42.64(b)(2), as discussed
`during the conference call, the Board instructs the parties to follow the procedure
`outlined therein.
`
`It is
`
`ORDERED that Petitioner’s request for authorization to file supplemental
`evidence prior to institution of trial is denied.
`
`
`
`2
`
`
`
`IPR2015-00887
`Patent 7,420,550
`
`
`
`
`
`PETITIONERS:
`
`Jay I. Alexander
`Andrea G. Reister
`Gregory S. Discher
`COVINGTON & BURLING LLP
`jalexander@cov.com
`areister@cov.com
`gdischer@cov.com
`
`
`PATENT OWNER:
`
`Wayne M. Helge
`Donald L. Jackson
`Michael R. Casey
`DAVIDSON BERQUIST JACKSON & GOWDEY L.L.LP.
`whelge@dbjb.com
`djackson@dbjb.com
`mcasey@dbjb.com
`
`
`
`3
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