`571-272-7822
`
`
`
`
`Paper 42
`Entered: August 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JUNIPER NETWORKS, INC., RUCKUS WIRELESS, INC.,
`BROCADE COMMUNICATION SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-01389 (Patent 8,155,012 B2)
`Case IPR2016-01391 (Patent 8,942,107 B2)
`Case IPR2016-01397 (Patent 9,019,838 B2)
`Case IPR2016-01399 (Patent 8,902,760 B2)1
`_______________
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`ORDER2
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 Ruckus Wireless, Inc., Brocade Communication Systems, Inc., and
`Netgear, Inc. filed petitions in (now terminated) IPR2017-00718, IPR2017-
`00719, IPR2017-00720, and IPR2017-00790, and were joined to the above-
`listed proceedings.
`2 This Order will be entered in each of the above-listed proceedings as the
`caption indicates. The parties are not permitted to use this caption style.
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`
`I.
`INTRODUCTION
`On July 31, 2017, Judges Easthom, Anderson, and Weinschenk held a
`telephone conference call with counsel for Juniper Networks, Inc., Ruckus
`Wireless, Inc., Brocade Communication Systems, Inc., and Netgear, Inc.
`(“Petitioner”) and counsel for Chrimar Systems, Inc. (“Patent Owner”). A
`court reporter was present on the conference call. This order summarizes
`statements made during the conference call. A more complete record may
`be found in the court reporter’s transcript, which is to be filed by Patent
`Owner as an exhibit.
`
`II. ANALYSIS
`Patent Owner requested authorization to file a motion to strike certain
`portions of Petitioner’s Reply that allegedly exceed the scope set forth in
`37 C.F.R. § 42.23(b), or, alternatively, to file a sur-reply. Patent Owner
`argued that the Reply includes new arguments that were not included in the
`Petition and do not respond to any of the arguments made in Patent Owner’s
`Response. Petitioner argued that the Reply properly responds to arguments
`made in Patent Owner’s Response.
`After considering the respective positions of the parties, we hereby
`authorize Patent Owner to file a 7-page motion to strike by August 8, 2017,
`and we authorize Petitioner to file a 7-page opposition to the motion to strike
`by August 15, 2017. In the motion to strike, Patent Owner should identify
`(by page and line numbers) exactly which arguments in Petitioner’s Reply
`allegedly exceed the proper scope set forth in 37 C.F.R. § 42.23(b), and
`explain specifically why those arguments exceed the proper scope. The
`parties are not permitted to submit any additional arguments regarding the
`
`2
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`patentability of the challenged claims in the motion to strike or the
`opposition. Further, no additional evidence may be submitted with the
`motion to strike or the opposition.
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s request for authorization to file a
`motion to strike is granted;
`FURTHER ORDERED that Patent Owner may file a 7-page motion
`to strike in each of the above-listed proceedings by August 8, 2017, in
`accordance with the instructions above; and
`FURTHER ORDERED that Petitioner may file a 7-page opposition to
`the motion to strike in the above-listed proceedings by August 15, 2017, in
`accordance with the instructions above.
`
`
`
`3
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`PETITIONER:
`
`Talin Gordnia
`Michael Fleming
`Nima Hefazi
`Jonathan Kagan
`IRELL & MANELLA, LLP
`tgordnia@irell.com
`mfleming@irell.com
`nhefazi@irell.com
`jkagan@irell.com
`
`
`
`PATENT OWNER:
`
`Frank A. Angileri
`Thomas A. Lewry
`Marc Lorelli
`Christopher C. Smith
`BROOKS KUSHMAN P.C.
`fangileri@brookskushman.com
`tlewry@brookskushman.com
`mlorelli@brookskushman.com
`csmith@brookskushman.com
`
`Richard W. Hoffmann
`REISING ETHINGTON P.C.
`hoffmann@reising.com
`
`4
`
`
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