`Tel: 571-272-7822
`
`Paper 21
`Entered: December 14, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`THE TORO COMPANY
`Petitioner,
`
`v.
`
`MTD PRODUCTS INC.,
`Patent Owner.
`_______________
`
`Cases
`IPR2016-00194 (Patent 8,011,458)
`IPR2016-00219 (Patent 8,136,613)
`_______________
`
`
`
`Before WILLIAM V. SAINDON, RICHARD E. RICE, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`
`
`SAINDON, Administrative Patent Judge.
`
`ORDER
`Authorizing Sur-Reply and Sur-Sur-Reply
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2016-00194 (Patent 8,011,458)
`IPR2016-00219 (Patent 8,136,613)
`
`
`On December 12, 2016, a conference call was held at the request of
`Patent Owner. Patent Owner requested the call to seek a sur-reply to
`Petitioner’s Reply in each case, because it believed that the Replies
`introduced new theories on patentability and/or claim construction. After
`discussion with both parties, the panel authorized Patent Owner to file a Sur-
`Reply in each proceeding no later than December 19, 2016, of no more than
`5 pages. Petitioner was authorized to file a Sur-Sur-Reply in each
`proceeding no later than December 26, 2016, of no more than 3 pages.
`Neither paper may introduce new evidence.
`Patent Owner also objected to Petitioner’s Reply on a theory that it
`improperly incorporated by reference material from a declaration. We will
`reserve our ruling on the objection.
`It is so ORDERED.
`
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`IPR2016-00194 (Patent 8,011,458)
`IPR2016-00219 (Patent 8,136,613)
`
`
`
`PETITIONER:
`Cyrus Morton
`cmorton@robinskaplan.com
`
`Davis Prange
`dprange@robinskaplan.com
`
`PATENT OWNER:
`John Cipolla
`jcipolla@calfee.com
`
`Mark McDougall
`mmcdougall@calfee.com
`
`Tracy Johnson
`tjohnson@calfee.com
`
`
`
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