`571-272-7822
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`Paper No. 51
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` Entered: June 26, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COASTAL INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`SHOWER ENCLOSURES AMERICA, INC.,
`Patent Owner.
`_________
`
`Case IPR2017-00573
`Patent 7,174,944
`____________
`
`
`Before MICHAEL W. KIM, Administrative Patent Judge.
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`
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`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`ANALYSIS
`I.
`On June 20, 2018, the parties jointly filed a timely paper indicating,
`among other things, that (1) Patent Owner intended to file a Motion to
`Amend, and (2) that the stipulated due date for that Motion to Amend would
`be July 2, 2018. Paper 50. On June 25, 2018, the parties contacted the
`Board to request guidance as to whether Patent Owner was required to
`schedule a subsequent call with the Board in order to comply with the
`
`
`
`IPR2017-00573
`Patent 7,174,944
`
`conferral requirements of 37 C.F.R. § 42.121(a). Patent Owner is so
`required, however, given the compressed timetable set by the Board, and the
`limited time remaining before July 2, 2018, the requirement is waived.
`Instead, Patent Owner is advised to consult Western Digital Corp. v. SPEX
`Technologies, Inc., Case IPR2018-00082 (PTAB Apr. 25, 2018) (Paper 13)
`prior to filing its Motion to Amend.
`
`ORDER
`II.
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s requirement under 37 C.F.R.
`§ 42.121(a) to confer with the Board prior to filing a Motion to Amend is
`hereby waived.
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`2
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`
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`IPR2017-00573
`Patent 7,174,944
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`PETITIONER:
`
`Joseph Kincart
`jkincart@rtlaw.com
`
`Andres Arrubla
`aarrubla@coastalind.com
`
`
`PATENT OWNER:
`
`Ryan Fountain
`ryanfountain@aol.com
`
`John O’Banion
`docketing@intellectual.com
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`3
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`