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`
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`
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`Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Paper 57
`Entered: September 7, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BRIGHT HOUSE NETWORKS, LLC, WIDEOPENWEST
`FINANCE, LLC, KNOLOGY OF FLORIDA, INC., and
`BIRCH COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`
`
`Case: IPR2016-01261 (Patent 8,457,113 B2) and
`Case: IPR2016-01262 (Patent 7,764,777 B2)1
`
`
`
`
`Before SALLY C. MEDLEY and BARBARA A. PARVIS,
`Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`On September 6, 2017, a call was held with respective counsel for the
`
`parties and Judges Medley and Parvis regarding Petitioner’s request to file
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2016-01261 (Patent 8,457,113 B2)
`IPR2016-01262 (Patent 7,764,777 B2)
`
`corrections to its Motions to Exclude in IPR2016-01261 (Paper 50) and
`
`IPR2016-01262 (Paper 50). Patent Owner opposes Petitioner’s request.
`
`Petitioner requests refiling its Motions to Exclude with reordered
`
`arguments to address objections in numerical order. According to
`
`37 C.F.R. § 42.64(c) “[t]he motion must identify the objections in the record
`
`in order and must explain the objections” (emphasis added). Patent Owner
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`opposes Petitioner’s request on the basis that identifying the objections in
`
`the record in order is a substantive threshold requirement.
`
`At this stage of the proceeding, we need not determine whether
`
`identifying the objections in the record in order is a substantive threshold
`
`requirement set forth in 37 C.F.R. § 42.64(c). In the instant proceedings,
`
`Patent Owner already has filed its Oppositions to Petitioner’s Motions to
`
`Exclude. IPR2016-01261, Paper 51; IPR2016-01262, Paper 51. Petitioner
`
`has not provided us with a persuasive reason why we should allow
`
`correction at this stage in the proceeding, after the filing of Patent Owner’s
`
`Opposition. Accordingly, we deny Petitioner’s request.
`
`For the foregoing reasons, it is hereby:
`
`ORDERED that Petitioner’s request to submit corrected Motions to
`
`Exclude is denied.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-01261 (Patent 8,457,113 B2)
`IPR2016-01262 (Patent 7,764,777 B2)
`
`PETITIONER:
`
`Patrick McPherson
`pdmcpherson@duanemorris.com
`
`Christopher Tyson
`cjtyson@duanemorris.com
`
`Wayne Stacy
`Wayne.stacy@bakerbotts.com
`
`
`PATENT OWNER:
`
`Brent Bumgardner
`bbumgardner@nbclaw.net
`
`John Murphy
`murphy@nelbum.com
`
`
`
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