` IPR2015-01592, Paper No. 24
`Entered: July 27, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HYDRITE CHEMICAL CO.,
`Petitioner,
`
`v.
`
`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
`____________
`
`Case IPR2015-01586
`Patent 8,841,469 B2
`
`Case IPR2015-01592
`Patent 8,962,059 B11
`____________
`
`
`
`Before ERICA A. FRANKLIN, DONNA M. PRAISS, and
`JENNIFER MEYER CHAGNON, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`1 This order addresses similar issues in both cases; therefore, we issue a
`single order to be entered in each case. The parties may not use this style
`heading in their papers without prior authorization.
`
`
`
`IPR2015-01586 (Patent 8,841,469 B2)
`IPR2015-01592 (Patent 8,962,059 B1)
`
`
`In an email dated July 26, 2016, Patent Owner requested a conference
`call with the Board to discuss whether Patent Owner may file a motion to
`object, or other paper, to address portions of Petitioner’s Reply Briefs that
`Patent Owner believes improperly include new arguments and refer to
`evidence that was not previously addressed in the Petitions.
`The panel has considered Patent Owner’s request, and a conference
`call is not necessary at this time. Patent Owner is authorized to file a paper
`in each proceeding calling the Board’s attention to those portions of
`Petitioner’s Reply that are believed by Patent Owner to raise new issues or
`belatedly present evidence. The paper should be in the form of a list
`providing the location and a concise description of any portion of the
`Petitioner’s Reply that Patent Owner wishes to draw to the Board’s
`attention, but it should not contain argument. The paper is limited to two (2)
`pages and should be filed by Due Date 4.
`We also authorize Petitioner to file a paper in response to Patent
`Owner’s submission in each proceeding. If filed by Petitioner, this paper
`should identify, in an itemized manner, what Petitioner regards as the
`material contained in the Patent Owner Response which triggered or caused
`the Petitioner to include in its Reply each item listed by Patent Owner and/or
`where each item listed by Patent Owner appears in the Petition, but it should
`not contain argument. This paper is also limited to two (2) pages and should
`be filed by Due Date 5.
`In rendering a Final Written Decision, the Board will determine what
`weight, if any, is to be given to all of the presented evidence and arguments
`in accordance with the rules of the Board.
`
`2
`
`
`
`IPR2015-01586 (Patent 8,841,469 B2)
`IPR2015-01592 (Patent 8,962,059 B1)
`
`
`As a reminder to the parties and as set forth in the Scheduling Orders,
`the parties may also file, by Due Date 4, Motions to Exclude pursuant to
`37 C.F.R § 42.64(c), which address the admissibility of any evidence for
`which an objection was timely filed in accordance with 37 C.F.R
`§ 42.64(b)(1).
`
`It is
`ORDERED that the parties are authorized to file the above-discussed
`papers consistent with the requirements and deadlines set forth in this Order.
`
`
`
`3
`
`
`
`IPR2015-01586 (Patent 8,841,469 B2)
`IPR2015-01592 (Patent 8,962,059 B1)
`
`PETITIONER:
`Richard Roche
`Joel Austin
`Christopher J. Fahy
`QUARLES & BRADY LLP
`richard.roche@quarles.com
`joel.austin@quarles.com
`christopher.fahy@quarles.com
`
`PATENT OWNER:
`Joseph Lucci
`David N. Farsiou
`BAKER & HOSTETLER LLP
`jlucci@bakerlaw.com
`dfarsiou@bakerlaw.com
`
`
`4