`Tel: 571-272-7822
`
`
`Paper No. 13
`Entered: May 24, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SPRINT SPECTRUM, L.P.,
`Petitioner,
`
`v.
`
`TC TECHNOLOGY LLC
`Patent Owner.
`_______________
`
`Case IPR2017-00771
`Patent 5,815,488
`_______________
`
`
`
`Before JEFFREY S. SMITH, THOMAS L. GIANNETTI, and CHARLES J.
`BOUDREAU, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`Case IPR2017-00771
`Patent 5,815,488
`
`
`
`On May 19, 2017, a conference call was held between counsel for the parties
`and Judges Smith, Giannetti, and Boudreau. Petitioner provided a court reporter
`and stated that it will file the transcript in due course.
`Petitioner initiated the conference call to request leave to submit a reply
`brief directed to the issue of the publication date of Exhibit 1005, raised by Patent
`Owner in the Preliminary Response (Paper 9). Patent Owner opposed, asserting
`that the Petitioner is required to establish evidence of the date of publication of this
`reference in the Petition.
`Upon consideration of the parties’ discussion, the Board determines that
`supplemental briefing on this issue is not necessary prior to its decision on
`institution. Our rules do not provide for a reply to a Preliminary Response, and
`Petitioner did not provide a sufficient showing of good cause to persuade us to
`deviate from our rules. Nor does the Board believe that additional briefing on this
`issue will be helpful.
`
`It is, therefore,
`ORDERED that Petitioner’s request for leave to file a reply to the
`Preliminary Response is denied.
`
`
`
` 2
`
`
`
`
`
`
`
`Case IPR2017-00771
`Patent 5,815,488
`
`
`
`
`
`PETITIONER:
`
`James Murphy
`Margaux Savee
`POLSINELLI PC
`jpmurphy@polsinelli.com
`msavee@polsinelli.com
`
`Christine Guastello
`Elena McFarland
`SHOOK, HARDY & BACON L.P.
`cguastello@shb.com
`emcfarland@shb.com
`
`
`
`
`PATENT OWNER:
`
`Lawrence J. Gotts
`Jonathan M. Strang
`Saswat Misra
`LATHAM & WATKINS LLP
`lawrence.gotts@lw.com
`jonathan.strang@lw.com
`saswat.misra@lw.com
`
` 3
`
`
`
`
`
`
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