`571-272-7822
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` Paper 7
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` Entered: February 21, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`HEWLETT PACKARD ENTERPRISE COMPANY,
`Patent Owner.
`____________
`
`Case IPR2017-01933
`Patent 8,238,412
`____________
`
`
`Before BRYAN F. MOORE, MICHAEL J. FITZPATRICK, and DAVID C.
`McKONE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`
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`
`
`IPR2017-01933
`Patent 8,478,799
`
`
`The Board has reviewed Patent Owner’s Preliminary Response and
`seeks additional briefing from Petitioner on whether Springpath LLC is a
`real party-in-interest with Petitioner, as asserted by Patent Owner in its
`Preliminary Response. See Paper 6, 2–11.
`Petitioner is authorized to include evidence, but not testimony, as part
`of its brief, if it chooses to file a brief. The brief, exclusive of any evidence,
`shall not exceed five (5) pages. No further briefing is authorized at this
`time.
`
`It is
`ORDERED that no later than February 28, 2018, Petitioner is
`authorized to file a brief not exceeding five (5) pages, exclusive of exhibits,
`directed solely to the issue of whether Springpath LLC (formerly Springpath
`Inc.) is a real party-in-interest with Petitioner as raised in Patent Owner’s
`Preliminary Response;
`FURTHER ORDERED that Petitioner is authorized to include
`evidence, but not testimony, with this brief; and
`FURTHER ORDERED that no further briefing is authorized at this
`
`time.
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`2
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`IPR2017-01933
`Patent 8,478,799
`
`PETITIONER:
`David L. McCombs
`Theodore M. Foster
`Philip W. Woo
`Pranay Pattani
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`philip.woo.ipr@haynesboone.com
`pranay.pattani.ipr@haynesboone.com
`
`PATENT OWNER:
`Barry K. Shelton
`SHELTON COBURN LLP
`IPRs@sheltoncoburn.com
`
`Srikala Atluri
`HEWLETT PACKARD ENTERPRISE CO.
`Srikala.p.atluri@hpe.com
`
`
`
`3
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`