`Tel: 571-272-7822 Entered: May 7, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`AXON ENTERPRISE, INC.,
`Petitioner,
`
`v.
`
`DIGITAL ALLY, INC.,
`Patent Owner.
`
`_______________
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`_______________
`
`
`
`
`
`Before PHILLIP J. KAUFFMAN, MINN CHUNG, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`ORDER
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`
`On May 4, 2018, we held a call with the parties regarding our recent
`order that added a new ground of unpatentability (“the new ground”) to our
`Institution Decision. See Papers 47, 9; see generally, Guidance on the
`Impact of SAS on AIA Trial Proceedings, April 26, 2018.1
`During the call, the parties proposed (“the proposed schedule”):
`(1) authorization for Patent Owner to file a supplemental response, not to
`exceed seven pages, no later than May 11; (2) authorization for Petitioner to
`file a supplemental reply, not to exceed five pages, no later than May 18;
`and (3) no oral hearing, new evidence, or new discovery.
`We discussed other possible courses of action, and the parties
`indicated they still preferred the proposed schedule.
`Patent Owner indicated that they strongly desire that we enter the
`Final Decision by the statutory deadline of June 6, 2018. We explained that
`if the parties did not file any additional papers regarding the new ground, the
`panel expected to meet the statutory deadline. However, the proposed
`schedule leads to submitting the last paper less than three weeks from the
`Final Decision deadline. It is ambitious to complete and enter a Final
`Decision in that period, and it is possible we would request an extension (not
`to exceed six months). The panel remains committed to entering the Final
`Decision as soon as possible.
`The papers should discuss: (1) the new ground; (2) impact, if any, of
`the new ground on our decision regarding the Motion to Amend; and,
`(3) any due process concerns raised by the amended Institution Decision.
`
`
`1 Available on line at https://www.uspto.gov/patents-application-
`process/patent-trial-and-appeal-board/trials/guidance-impact-sas-aia-trial.
`2
`
`
`
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`
`We asked the parties if they needed additional pages and they
`indicated they did not.
`We remind the parties of their duty to seek relief promptly after the
`need for that relief is identified. See 37 CFR § 42.25(b). In particular, if
`either party perceives the approach set by this order is insufficient in some
`respect, that party should request a conference call.
`
`
`ORDER
`We authorize Patent Owner to submit a supplemental Response as
`outlined above.
`We authorize Petitioner to submit a supplemental Reply as outlined
`above.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`PETITIONER:
`
`Michael Specht
`Richard Bemben
`Michelle Holoubek
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`mspecht-ptab@skgf.com
`rbemben-ptab@skgf.com
`holoubek@skgf.com
`
`
`PATENT OWNER:
`
`Jennifer Bailey
`Marshall Honeyman
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`marshall.honeyman@eriseip.com
`
`
`
`
`
`
`4
`
`
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