`Tel: 571-272-7822
`
`Paper 23
`Entered: September 21, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`
`
`
`
`v.
`
`ROSETTA-WIRELESS CORPORATION,
`Patent Owner.
`
`Case IPR2016-006221
`Patent 7,149,511 B1
`____________
`
`
`
`Before JUSTIN T. ARBES, PATRICK R. SCANLON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2016-00616 has been consolidated with this proceeding.
`
`
`
`IPR2016-00622
`Patent 7,149,511 B1
`
`On September 20, 2016, Petitioner sent an email to Trials@uspto.gov
`
`seeking a conference call to request an extension of time in which to serve
`
`certain supplemental evidence. Specifically, on September 6, 2016, Patent
`
`Owner submitted objections pursuant to 37 C.F.R. § 42.64(b)(1) to several
`
`of Petitioner’s exhibits. Paper 20. Based on our regulations, any
`
`supplemental evidence Petitioner serves in response to these objections
`
`normally would have been due ten business days later, i.e., September 20,
`
`2016. 37 C.F.R. § 42.64(b)(2). Although Petitioner stated that it intended to
`
`serve some supplemental evidence by the September 20 deadline, Petitioner
`
`requested an extension of time of eight business days in which to serve
`
`certain materials that it has not yet received, namely “a declaration (and
`
`associated attachment) from the Library of Congress and possibly a
`
`declaration (and associated attachment) from LEXIS.” According to
`
`Petitioner, Patent Owner does not oppose Petitioner’s request for an
`
`extension.
`
`Under these circumstances, we find good cause to grant Petitioner’s
`
`request. See 37 C.F.R. § 42.5(c). No conference call is necessary at this
`
`time.
`
`
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Petitioner’s request for an extension of time in which
`
`to serve the Library of Congress and LEXIS supplemental evidence is
`
`granted; and
`
`FURTHER ORDERERD that Petitioner shall serve the Library of
`
`Congress and LEXIS supplemental evidence no later than September 30,
`
`2016.
`
`
`
`2
`
`
`
`3
`
`IPR2016-00622
`Patent 7,149,511 B1
`
`PETITIONER:
`
`Megan F. Raymond
`megan.raymond@ropesgray.com
`
`Brian Ferguson
`brian.ferguson@weil.com
`
`Anish R. Desai
`Anish.Desai@weil.com
`
`Megan H. Wantland
`Megan.Wantland@weil.com
`
`J. Steven Baughman
`steven.baughman@ropesgray.com
`
`
`
`PATENT OWNER:
`
`Miranda Jones
`mjones@hpcllp.com
`
`Michael Heim
`mheim@hpcllp.com
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