`571-272-7822
`
`
`
`
`Paper No. 25
`Entered: February 23, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TERADATA OPERATIONS, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00557
`Patent 7,358,867 B2
`____________
`
`
`Before GREGG I. ANDERSON, CHARLES J. BOUDREAU,
`and JASON J. CHUNG Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`The Board authorizes Teradata Operations, Inc. (“Petitioner”) and
`Realtime Data LLC (“Patent Owner”) to submit additional briefing
`pertaining to whether Ex Parte Schulhauser, 2016 WL 6277792, No.
`2013-007847 (PTAB 2016) (precedential) (hereinafter, “Schulhauser”)
`applies to conditional limitations recited in independent method claim 16 of
`U.S. Patent No. 7,358,867 (“the ’867 patent”). The authorized briefing
`should include, inter alia, discussion of any cases the parties allege
`
`
`
`Case IPR2017-00557
`Patent 7,358,867 B2
`
`contradict or support application of Schulhauser in this case, as well as
`discussion of whether Petitioner’s arguments and supporting evidence, if
`any, pertaining to conditional limitations recited in claim 16 exceeds the
`proper scope of Petitioner’s Reply (Paper 21, “Reply”). For example,
`Petitioner’s Reply states:
`the broadest reasonable interpretation of the claim language is
`still met . . . [e]ven assuming arguendo that the use of Hsu’s
`redundancy metrics to determine not to compress a data block
`“does not consider the particular encoders available in Hsu’s
`system,” Hsu would still meet limitation 16[B]. . . . All that is
`required by the element is either a determination to compress or
`a determination not to compress.
`
`Reply 16–17 (Section I.B.2).
`
`
`ORDER
`
`It is, therefore,
`ORDERED that the parties may submit additional briefing of 5 pages
`on or before 5:00 PM EST March 5, 2018, addressing only the specific
`issues raised in this Order.
`
`
`2
`
`
`
`Case IPR2017-00557
`Patent 7,358,867 B2
`
`PETITIONER:
`
`Eliot D. Williams
`Jamie R. Lynn
`Ali Dhanani
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`jamie.lynn@bakerbotts.com
`ali.dhanani@bakerbotts.com
`
`
`PATENT OWNER:
`
`William P. Rothwell
`Kayvan B. Noroozi
`NOROOZI PC
`william@noroozipc.com
`kayvan@noroozipc.com
`
`3
`
`
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