`571.272.7822
`
`
`Paper 21
`Entered: March 21, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INFOBIONIC, INC.,
`Petitioner,
`
`v.
`
`BRAEMAR MANUFACTURING, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00796
`Patent RE43,767 E
`
`____________
`
`
`Before KEVIN W. CHERRY and MICHAEL L. WOODS,
`Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-00796
`Patent No. RE43,767 E
`
`
`
`
`
`During a conference call with the parties on March 20, 2018, Braemar
`Manufacturing, LLC (“Patent Owner”) requested permission to file a sur-
`reply brief in response to Infobionic, Inc.’s (“Petitioner’s”) reply brief.
`Specifically, Patent Owner seeks permission to file sur-reply brief—in lieu
`of a motion for observation regarding cross-examination of reply witness—
`to address what Patent Owner characterizes as new arguments raised by
`Petitioner in Petitioner’s reply brief. Petitioner opposes Patent Owner’s
`request, but, if granted, requests permission to file a sur-reply brief in
`response to Patent Owner’s brief.
`In consideration of the foregoing, it is hereby:
`ORDERED that on or before March 31, 2018, (stipulated Due Date 4
`(Paper 20)), Patent Owner may file a sur-reply brief, not to exceed 10 pages,
`in lieu of a motion for observation regarding cross-examination of reply
`witness; and
`FURTHER ORDERED that Petitioner may, but is not required to, file
`a sur-reply brief, not to exceed 5 pages, in response to Patent Owner’s sur-
`reply brief, if filed within 1-week Patent Owner’s sur-reply brief.
`
`
`
`2
`
`
`
`
`
`IPR2017-00796
`Patent No. RE43,767 E
`
`
`For PETITIONER:
`Charles Sanders
`charles.sanders@lw.com
`
`Jonathan Strang
`jonathan.strang@lw.com
`
`Kristopher Davis
`kris.davis@lw.com
`
`For PATENT OWNER:
`Ching-Lee Fukuda
`clfukuda@sidley.com
`
`Bradford Badke
`jbadke@sidley.com
`
`Thomas Broughan
`tbroughan@sidley.com
`
`3
`
`
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