`571-272-7822
`
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`
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` Paper No. 7
` Entered: July 30, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NEXTEL OPERATIONS, INC., SPRINT SPECTRUM L.P., BOOST MOBILE,
`LLC AND VIRGIN MOBILE USA, L.P.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`_______________
`
`Case CBM2016-00052
`Patent 5,339,352
`_______________
`
`Before GEORGIANNA W. BRADEN, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`
`
`
`
`BRADEN, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`Case CBM2016-00052
`Patent 5,339,352
`
`
`A conference call in the above proceeding was held on July 15, 2016
`between Robert C. Hilton and Rachelle H. Thomson for Petitioner, Lori A. Gordon
`and Robert E. Sokohl for Patent Owner, and Judges Braden, Cherry, and Ippolito.
`The call was initiated by Petitioner to request authorization to file supplemental
`information. Specifically, Petitioner seeks to file rebuttal invalidity statements
`made by Patent Owner’s expert in a related district court litigation. According to
`Petitioner the statements made by Patent Owner’s expert support Petitioner’s
`position that the claims challenged in its Petition in CBM2016-00052 are directed
`a financial activity, thus, the claims qualify for a covered business method
`review. Patent Owner opposes Petitioner’s request and explained that the
`statements by Patent Owner’s expert are duplicative to statements in the
`specification and prosecution history of U.S. Patent No. 5,339,352.
`The panel and the parties discussed whether there was authority under
`37 C.F.R. § 42.223(a) for submission of supplemental information prior to the
`institution of a trial proceeding. The panel determined that, in this circumstance,
`there was no authority under the rules for such a submission.
`Therefore, it is
`ORDERED that Petitioner’s request to file supplemental information prior to
`the institution of a trial proceeding is denied.
`
`
`
`
`
`
`
`
`Case CBM2016-00052
`Patent 5,339,352
`
`FOR PETITIONER:
`
`Robert C. Hilton
`Rachelle H. Thompson
`McGuireWoods LLP
`rhilton@mcguirewoods.com
`rthompson@mcguirewoods.com
`
`FOR PATENT OWNER:
`Lori A. Gordon
`Robert E. Sokohl
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`lgordon-PTAB@skgf.com
`rsokohl-PTAB@skgf.com
`
`James R. Hietala
`Tim R. Seeley
`Intellectual Ventures
`jhietala@intven.com
`tim@intven.com
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