`Tel: 571-272-7822
`
`Paper 39
`Entered: October 24, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DISH NETWORK, L.L.C.,
`Petitioner,
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`____________
`
`Cases IPR2016-01470
`Patent 8,611,404 B2
`_______________
`
`Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2016-01470
`Patent 8,611,404 B2
`
`
`On October 20, 2017, counsel for Patent Owner requested a call to
`raise instances of improper new arguments or new evidence contained in
`Petitioner’s Reply (Paper 29), filed September 6, 2017. Patent Owner seeks
`authorization to file a motion to strike and/or a sur-reply.
`Patent Owner previously made a similar request in related
`proceedings involving the same parties. See, e.g., Cisco Systems, Inc., et al.
`v. TQ Delta, LLC, Case IPR2016-01006, Paper 21 (PTAB June 22, 2017).
`In those cases, we denied Patent Owner authorization to file a motion to
`strike or a sur-reply, but we authorized Patent Owner to file an itemized
`listing of the arguments and evidence alleged by Patent Owner to be beyond
`the proper scope of a reply. Id. at 2. We do the same again here.
`Patent Owner’s request for authorization to file a motion to strike
`and/or a sur-reply is denied. Patent Owner is authorized, however, to file a
`paper, limited to two pages, which provides an itemized listing, by page and
`line number, of what statements and evidence in the Petitioner’s Reply are
`deemed by Patent Owner to be beyond the proper scope of a reply. No
`argument is to be included in the contents of the submission.
`Petitioner is authorized to file a responsive paper, limited to two
`pages, which provides an item-by-item response to the items listed in Patent
`Owner’s submission. Each item in Petitioner’s responsive paper should
`identify the part of Patent Owner’s Response, by page and line number, to
`which the corresponding item enumerated by Patent Owner is provided as a
`response, if indeed that is the case. No argument is to be listed in the
`contents of the submission.
`
`2
`
`
`
`IPR2016-01470
`Patent 8,611,404 B2
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner is authorized to submit a listing, as
`described above, no later than one week from entry of this Order; and
`FURTHER ORDERED that Petitioner is authorized to submit a
`responsive paper, as described above, no later than one week after the filing
`by Patent Owner.
`
`FOR PETITIONER:
`Heidi L. Keefe
`Stephen McBride
`Jennifer Volk
`COOLEY LLP
`hkeefe@cooley.com
`Dish-TQDelta@cooley.com
`jvolkfortier@cooley.com
`
`PATENT OWNER:
`
`Peter J. McAndrews
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`MCANDREWS, HELD & MALLOY, LTD.
`pmcandrews@mcandrews-ip.com
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`
`
`3
`
`
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