`Trials@uspto.gov
`571-272-7822 Entered: October 18, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner.
`____________
`
`Case IPR2016-01622
`Patent 6,850,414 B2
`____________
`
`
`
`Before SALLY C. MEDLEY, JEAN R. HOMERE, and
`KEN B. BARRETT, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`IPR2016-01622
`Patent 6,850,414 B2
`
`Patent Owner filed in this case a Motion to Amend the patent.
`
`Paper 18. Briefing on that motion has proceeded serially, with the filing of
`Petitioner’s Opposition (Paper 20), Patent Owner’s Reply (Paper 23), and
`Petitioner’s Surreply (Paper 28). On October 4, 2017, and after Patent
`Owner’s Reply but before Petitioner’s Surreply, the Court of Appeals for the
`Federal Circuit issued its decision in Aqua Products, Inc. v. Matal, No.
`2015-1177, 2017 WL 4399000 (Fed. Cir. Oct. 4, 2017) (“Aqua Products”).
`
`Patent Owner argued during a recent conference call with the Board
`that there remains, after Aqua Products, an open issue as to whether Patent
`Owner bears a burden in a Motion to Amend. See Ex. 2014 (Transcript of
`October 5, 2017, Conference Call), 9. Patent Owner, in its Contingent
`Request for Oral Argument (Paper 27), requests time during the oral
`argument “to address issues on which Patent Owner bears the burden . . .
`which may include the following: [w]hether Patent Owner has satisfied its
`burdens such that its Motion to Amend (Paper 18) should be granted; and []
`[a]ny other issues on which Patent Owner bears the burden.”
`
`Out of an abundance of caution and in order to allow the parties and
`the panel to better prepare for oral argument, we offer Patent Owner the
`opportunity to brief the impact of Aqua Products on this proceeding and to
`address only that for which Patent Owner contends it bears a burden. Patent
`Owner is not to present in such a brief any arguments directed to those
`issues for which Petitioner bears the burden, and such arguments by Patent
`Owner in the brief will not be considered.
`
`It is
`
`ORDERED that Patent Owner is authorized to file a brief, no more
`than four pages, addressing only the impact of Aqua Products on this
`
`2
`
`
`
`IPR2016-01622
`Patent 6,850,414 B2
`
`proceeding and that for which Patent Owner contends it bears a burden, no
`later than November 1, 2017.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-01622
`Patent 6,850,414 B2
`
`
`
`For PETITIONER:
`David Hoffman
`FISH & RICHARDSON P.C.
`IPR37307-0007IP1@fr.com
`hoffman@fr.com
`
`Martha Hopkins
`LAW OFFICES OF S.J. CHRISTINE YANG
`IPR@sjclawpc.com
`mhopkins@sjclawpc.com
`
`
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`Nathan Lowenstein
`Parham Hendifar
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`
`
`4
`
`
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