`571-272-7822
`
`
`
`
`Paper 26
`Entered: February 1, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`_______________
`
`Case IPR2017-00437
`Patent 6,772,114 B1
`_______________
`
`
`Before KEVIN F. TURNER and ROBERT J. WEINSCHENK,
`Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-00437
`Patent 6,772,114 B1
`
`
`I.
`INTRODUCTION
`On January 31, 2018, Judges Turner and Weinschenk held a telephone
`conference call with counsel for Google LLC (“Petitioner”) and counsel for
`Koninklijke Philips N.V. (“Patent Owner”). A court reporter was present on
`the conference call. This order summarizes statements made during the
`conference call. A more complete record may be found in the court
`reporter’s transcript, which is to be filed by Petitioner as an exhibit.
`II. ANALYSIS
`Patent Owner requested that we strike Petitioner’s Response to Patent
`Owner’s Motion for Observations (Paper 25, “Response”). Patent Owner
`argued that the Response runs afoul of guidance in the Office Patent Trial
`Practice Guide. Petitioner argued that the Response properly responds to
`Patent Owner’s Motion for Observations.
`After considering the respective positions of the parties, we hereby
`authorize Patent Owner to file a 5-page motion to strike by February 15,
`2018, and we authorize Petitioner to file a 5-page opposition to the motion to
`strike by March 1, 2018. In the motion to strike, Patent Owner should
`identify (by page and line numbers) exactly which portions of the Response
`allegedly are improper. The parties are not permitted to submit any
`additional arguments regarding the patentability of the challenged claims in
`the motion to strike or the opposition. Further, no additional evidence may
`be submitted with the motion to strike or the opposition. If the parties would
`like us to consider any modifications to the instructions above, the parties
`should meet and confer and then request a conference call with the panel.
`
`2
`
`
`
`IPR2017-00437
`Patent 6,772,114 B1
`
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner may file a 5-page motion to strike by
`February 15, 2018, in accordance with the instructions above;
`FURTHER ORDERED that Petitioner may file a 5-page opposition to
`the motion to strike by March 1, 2018, in accordance with the instructions
`above; and
`FURTHER ORDERED that no reply is authorized.
`
`
`
`
`3
`
`
`
`IPR2017-00437
`Patent 6,772,114 B1
`
`PETITIONER:
`
`David Krinsky
`Aaron Maurer
`Christopher Suarez
`Christopher Geyer
`WILLIAMS & CONNOLLY LLP
`dkrinsky@wc.com
`amaurer@wc.com
`csuarez@wc.com
`cgeyer@wc.com
`
`
`PATENT OWNER:
`
`Justin J. Oliver
`Jason Dorsky
`FITZPATRICK, CELLA, HARPER & SCINTO
`PhilipsIPR@fchs.com
`
`4
`
`
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