`571-272-7822
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`
`
` Paper 20
` Entered: January 20, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE BOEING COMPANY,
`Petitioner,
`
`v.
`
`SEYMOUR LEVINE,
`Patent Owner.
`_______________
`
`Case IPR2015-01341
`Patent RE39,618
`_______________
`
`
`
`Before MICHAEL W. KIM, TRENTON A. WARD, and
`DANIEL N. FISHMAN, Administrative Patent Judges.
`
`WARD, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
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`
`
`
`
`IPR2015-01341
`Patent RE39,618
`
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`A conference call was held on January 15, 2016, and attended by the
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`respective counsel for the parties. Petitioner requests the Board’s
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`authorization to file a Motion to Submit Supplemental Information pursuant
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`to 37 C.F.R. § 42.123(a).
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`Petitioner seeks to file a Motion to Submit Supplemental Information
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`in an effort to add testimony to the Declaration of Dr. Albert Helfrick
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`submitted as Exhibit 1002. Petitioner indicated that it seeks to add two to
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`three pages of testimony from Dr. Helfrick. Patent Owner opposes the
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`request for authorization to file a Motion to Submit Supplemental
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`Information.
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`Petitioner’s request for authorization was made “within one month of
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`the date the trial instituted”; thus, it is subject to the requirements of 37
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`C.F.R. § 42.123(a). Petitioner indicated that the supplemental information is
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`“relevant to a claim for which trial has been instituted,” as required by 37
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`C.F.R. § 42.123(a)(2), because the additional testimony is directed to a
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`limitation in one or more of the claims challenged in U.S. Patent No.
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`RE39,618 (Ex. 1001) for which a trial has been instituted. In view of the
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`2
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`IPR2015-00283
`Patent 6,038,295
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`circumstances of this case, we authorize Petitioner to file a Motion to Submit
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`Supplemental Information as set forth below.
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`
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`In consideration of the foregoing, it is hereby:
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`ORDER
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`ORDERED that Petitioner is authorized to file a Motion to Submit
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`Supplemental Information by January 27, 2016, limited to five pages;
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`FURTHER ORDERED that Patent Owner is authorized to file an
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`Opposition by February 3, 2016, limited to five pages; and
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`FURTHER ORDERED that no reply is authorized.
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`3
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`IPR2015-00283
`Patent 6,038,295
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`
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`PETITIONER:
`
`Ryan McBrayer
`Chun Ng
`PERKINS COIE LLP
`rmcbrayer@perkinscoie.com
`cng@perkinscoie.com
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`
`
`PATENT OWNER:
`
`Bruce R. Zisser
`Amardeep (Amar) L. Thakur
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`brucezisser@quinnemanuel.com
`amarthakur@quinnemanuel.com
`
`4