`571-272-7822 Entered: March 19, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRICKLESTAR LLC,
`Petitioner,
`
`v.
`
`EMBERTEC PTY LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00839
`Patent 9,106,099 B2
`____________
`
`
`
`Before BARBARA A. BENOIT, LYNNE E. PETTIGREW, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`MARGOLIES, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2017-00839
`Patent 9,106,099 B2
`
`On February 1, 2017, Trickle Star LLC (“Petitioner”) filed a petition
`to institute inter partes review of claims 8 and 10–16 of U.S. Patent No.
`9,106,099 B2 (“the ’099 patent”). Paper 2 (“Petition”). On May 3, 2017,
`Embertec Pty Ltd. (“Patent Owner”) filed a preliminary response. Paper 10
`(“Preliminary Response”). On July 10, 2017, upon consideration of the
`Petition and the Preliminary Response, we instituted an inter partes review
`of claims 8 and 10–16 of the ’099 patent (Paper 11) and issued a Scheduling
`Order (Paper 12). On October 10, 2017, counsel for Patent Owner sent an
`email to Trials@uspto.gov, stating the following: “Embertec will not be
`filing a Patent Owner Response in IPR2017-00839. That said, Embertec is
`not abandoning the contest.” Ex. 3003.
`Per the terms of the Scheduling Order, either party was permitted to
`request oral argument by March 5, 2018. Paper 12, 7 (DUE DATE 4). The
`deadline to request oral argument has now passed, and neither party has
`requested oral argument. We do not find oral argument to be necessary to
`resolve the issues in this proceeding.
`Accordingly, it is hereby ORDERED that no oral argument will take
`place in this proceeding.
`
`
`
`
`
`
`2
`
`
`
`IPR2017-00839
`Patent 9,106,099 B2
`
`FOR PETITIONER:
`Shawn G. Hansen
`Jennifer Hayes
`NIXON PEABODY LLP
`shansen@nixonpeabody.com
`jenhayes@nixonpeabody.com
`
`FOR PATENT OWNER:
`Jonathan Tuminaro
`Michael B. Ray
`Tyler Dutton
`STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
`jtuminar-PTAB@skgf.com
`mray-PTAB@skgf.com
`tdutton-PTAB@skgf.com
`
`3
`
`
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