`571.272.7822
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` Paper 39
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` Date: February 18, 2022
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LIMITED,
`Patent Owner.
`____________
`IPR2016-01621
`Patent 6,438,057 B2
`____________
`
`
`Before SCOTT R. BOALICK, Chief Administrative Patent Judge.
`
`BOALICK, Chief Administrative Patent Judge.
`
`
`ORDER
`On September 15, 2021, the United States Court of Appeals for the Federal
`Circuit issued an order in the appeal of this case remanding the case to the Office
`“for the limited purpose of allowing the parties to seek further action by the
`Director.” Polaris Innovations Ltd. v. Kingston Technology Co., No. 2018-1768,
`ECF No. 136, at 2 (Fed. Cir. Sept. 15, 2021).
`On October 13, 2021, Polaris Innovations Limited (“Patent Owner”) sent an
`email to the Board requesting to file, in agreement with Petitioner Kingston
`Technology Company, Inc., inter alia, a motion to terminate the proceeding.
`
`
`
`IPR2016-01621
`Patent 6,438,057 B2
`
`Ex. 3002.1 The Board denied that request on October 29, 2021, in an order that
`also permitted Patent Owner to file a request for Director review within 14 days of
`the order. Paper 38. The order explained, “[i]f Patent Owner does not file a
`request for Director review within the allotted time, then the Board’s final written
`decision will remain the final agency decision.” Id. at 2–3. Patent Owner did not
`file a request for Director review within the allotted time.
`Accordingly, it is:
`ORDERED that Patent Owner has forfeited any request for Director review;
`
`and
`
`FURTHER ORDERED that the Board’s final written decision remains the
`final agency decision.
`
`
`
`
`
`
`1 Patent Owner’s email also references IPR2016-01622 and IPR2017-00116.
`Patent Owner, however, subsequently requested Director review in those cases.
`IPR2016-01622, Ex. 3100; IPR2017-00116, Ex. 3100.
`2
`
`
`
`
`
`IPR2016-01621
`Patent 6,438,057 B2
`
`For PETITIONER:
`David Hoffman
`FISH & RICHARDSON P.C.
`hoffman@fr.com
`IPR37307-0007IP1@fr.com
`
`Martha Hopkins
`LAW OFFICES OF S.J. CHRISTINE YANG
`mhopkins@sjckawpc.com
`IPR@sjclawpc.com
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`Nathan Lowenstein
`Parham Hendifar
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`
`
`
`3
`
`
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