`Trials@uspto.gov
`Tel: 571-272-7822
`
`Filed: February 5, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ARKEMA INC. AND ARKEMA FRANCE,
`Petitioner,
`
`v.
`
`HONEYWELL INTERNATIONAL INC.,
`Patent Owner.
`_____________
`
`PGR2016-00011
`PGR2016-000121
`Patent 9,157,017 B2
`______________
`
`
`Before MICHAEL P. TIERNEY, Vice Chief Administrative Patent Judge,
`GRACE KARAFFA OBERMANN, and KRISTI L. R. SAWERT,
`Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 We exercise our discretion to issue a single Order to be entered in each
`case using a joint caption. The parties are not permitted to use this caption
`unless authorized by the Board. For convenience, we use the paper and
`exhibit numbers from PGR2016-00011.
`
`
`
`
`PGR2016-00011
`PGR2016-00012
`Patent 9,157,017 B2
`
`
`On January 31, 2020, Petitioner conducted the cross-examination of
`Patent Owner’s declarant, Mr. Joseph Posillico, pursuant to the Board’s
`Orders. See Paper 68, 5 (authorizing Petitioner’s cross-examination of
`Mr. Posillico); Paper 69, 2 (setting a revised date limit for the cross-
`examination). On February 3, 2020, Petitioner contacted the Board via e-
`mail seeking authorization to submit the exhibits marked during
`Mr. Posillico’s deposition. Ex. 3004. Petitioner states in its e-mail:
`During th[e] deposition, Petitioner marked and questioned
`Mr. Posillico about exhibits that were not previously part of the
`record in the above-referenced PGR proceedings. Petitioner
`respectfully requests leave from the Board to file the new
`exhibits marked during the deposition of Mr. Posillico together
`with the deposition transcript. Patent Owner has indicated that it
`does not object to the filing of those exhibits.
`Id. Because the parties have conferred and Patent Owner does not object,
`we authorize Petitioner to the file the exhibits marked during Mr. Posillico’s
`deposition. Petitioner shall file the exhibits with its Opposition to Patent
`Owner’s Motion to Leave, pursuant to 37 C.F.R. § 42.6(c). Petitioner is
`reminded to also submit a copy of the cross-examination transcript in its
`entirety as an exhibit to its Opposition, as previously ordered. See Paper 68,
`5.
`
`It is therefore:
`ORDERED that Petitioner is authorized to the file the exhibits marked
`during Mr. Posillico’s deposition as exhibits to Petitioner’s Opposition to
`Patent Owner’s Motion for Leave.
`
`
`
`
`
`
`2
`
`
`
`PGR2016-00011
`PGR2016-00012
`Patent 9,157,017 B2
`
`For PETITIONER:
`Mark Sweet
`Mark Feldstein
`Erin Sommers
`Charles Mitchell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`mark.sweet@finnegan.com
`mark.feldstein@finnegan.com
`erin.sommers@finnegan.com
`charles.mitchell@finnegan.com
`
`For PATENT OWNER:
`Gregg LoCascio
`Noah Frank
`KIRKLAND & ELLIS LLP
`glocascio@kirkland.com
`noah.frank@kirkland.com
`
`Eugene Goryunov
`HAYNES & BOONE, LLP
`eugene.goryunov.ipr@haynesboone.com
`
`
`
`3
`
`
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