`571-272-7822
`
`
`Paper No. 10
`Entered: October 6, 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 IPR2017-00974
`Patent 6,850,414 B2
`____________
`
`
`Before SALLY C. MEDLEY and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2017-00974
`Patent 6,850,414 B2
`
`
`On October 5, 2017, a teleconference was held in related cases—
`
`IPR2016-01621, IPR2016-01622, and IPR2016-01623—between counsel
`
`for Petitioner, counsel for Patent Owner, and Judges Medley, Homere, and
`
`Clements. On that call, Petitioner presented additional arguments in support
`
`of its pending Request for Rehearing (Paper 9) in light of the Federal
`
`Circuit’s recent decision in Aqua Products, Inc. v. Matal, No. 2015-1177,
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`2017 WL 4399000 (Fed. Cir. Oct. 4, 2017) (“Aqua Products”). Petitioner
`
`requested that we grant the Request for Rehearing and consolidate it with
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`IPR2016-01622, or at least coordinate the schedules so that the patentability
`
`of claim 4 of the ’414 patent (which would be at issue in this proceeding)
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`and the patentability of proposed substitute claim 9 (at issue in IPR2016-
`
`01622, and including the same limitation as claim 4) can be decided
`
`concurrently. Patent Owner objected to the arguments because, inter alia,
`
`Petitioner had not previously met and conferred with Patent Owner on the
`
`subject.
`
`We interpret Petitioner’s arguments as a request for additional
`
`briefing in support of its pending Request for Rehearing. We are not
`
`persuaded, however, that additional briefing is warranted in light of Aqua
`
`Products. We will issue a Decision on the Request for Rehearing in due
`
`course.
`
`Accordingly, it is
`
`ORDER
`
`ORDERED that Petitioner’s request for authorization for additional
`
`briefing is denied.
`
`
`
`
`
`2
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`
`
`IPR2017-00974
`Patent 6,850,414 B2
`
`
`For PETITIONER:
`
`David Hoffman
`FISH & RICHARDSON P.C.
`IPR37307-0007IP2@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
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`PolarInnovs_IPRs@lowensteinweatherwax.com
`
`3
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`