`571-272-7822
`
`Paper 7
`Entered: October 1, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
` LG DISPLAY CO., LTD.,
`Petitioner,
`
`v.
`
` SOLAS OLED, LTD.,
`Patent Owner.
`____________
`
`IPR2020-01055
`Patent 7,907,137 B2
`____________
`
`Before SALLY C. MEDLEY, JOHN A. HUDALLA, and JULIA HEANEY,
`Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On September 30, 2020, Petitioner emailed the Board requesting
`authorization to file a five-page reply addressing Patent Owner’s arguments
`based on, inter alia, Apple Inc. v. Fintiv, Inc., IPR2020-00019 (PTAB
`Mar. 20, 2020) (precedential) (“Fintiv”) in Patent Owner’s Preliminary
`
`
`
`IPR2020-01055
`Patent 7,907,137 B2
`
`Response. Petitioner contends good cause exists to authorize such a reply
`because Petitioner could not meaningfully address, predict, or rebut Patent
`Owner’s arguments, or the facts as they currently stand, when Petitioner
`filed its Petition.
`Patent Owner opposes Petitioner’s request because Fintiv was
`designated precedential before the Petition was filed, and because Petitioner
`already addressed discretionary denial in the Petition.
`We determine that it would be helpful to have further briefing on the
`application of Fintiv factors to the facts of this case. Accordingly, we
`authorize the filing of a reply and sur-reply as set forth below.
`ORDER
`
`It is
`ORDERED the Petitioner is authorized to file a reply, limited to five
`pages and to Patent Owner’s application of Fintiv factors to the factual
`circumstances of this case;
`FURTHER ORDERED that Patent Owner is authorized to file a
`sur-reply, limited to five pages and to the arguments and assertions in
`Petitioner’s reply; and
`FURTHER ORDERED that Petitioner’s reply is due one week from
`the date of this Order, and Patent Owner’s sur-reply is due one week from
`the filing of Petitioner’s reply.
`
`
`
`
`
`2
`
`
`
`IPR2020-01055
`Patent 7,907,137 B2
`
`PETITIONER:
`Jonathan Strang
`Gabriel Gross
`LATHAM & WATKINS LLP
`jonathan.strang@lw.com
`gabe.gross@lw.com
`
`
`PATENT OWNER:
`Philip Wang
`Neil A. Rubin
`Reza Mirzaie
`Kent N. Shum
`RUSS AUGUST & KABAT
`pwang@raklaw.com
`nrubin@raklaw.com
`rmirzaie@raklaw.com
`kshum@raklaw.com
`
`
`
`
`3
`
`
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