`571-272-7822
`
`
`
`
`
`Paper No. 52
`Filed: August 28, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`INSTRUMENTATION LABORATORY COMPANY,
`Petitioner,
`
`v.
`
`HEMOSONICS LLC,
`Patent Owner.
`
`
`
`
`Case IPR2017-00855
`Patent 9,410,971 B2
`
`____________
`
`
`GRANT OF GOOD CAUSE EXTENSION
`35 U.S.C. § 316(a)(11) and 37 C.F.R. § 42.100(c)
`
`
`Pursuant to 35 U.S.C. § 316(a)(11), “the final determination in an
`inter partes review [shall] be issued not later than 1 year after the date on
`which the Director notices the institution of a review under this chapter,
`except that the Director may, for good cause shown, extend the 1-year
`period by not more than 6 months . . . .” The Director has delegated the
`authority to extend the one-year period to the Chief Administrative Patent
`
`
`
`1PR2017-00855
`
`Patent 9,410,971 B2
`
`Judge. See 37 C.F.R. § 42.100(c). In particular, 37 C.F.R. § 42.100(c)
`
`provides:
`
`An inter partes review proceeding shall be administered such
`that pendency before the Board after institution is normally no
`more than one year. The time can be extended by up to six
`months for good cause by the Chief Administrative Patent
`Judge .
`.
`.
`.
`
`In accordance With 37 C.F.R. § 42.100(c), the Deputy Chief Administrative
`
`Patent Judge1 has determined that good cause exists to extend the one-year
`
`period for issuing a Final Written Decision in this proceeding.
`
`The Supreme Court issued its decision on April 24, 2018, in SAS
`
`Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018). Here, SAS has affected the
`
`parties’ arguments and the Board’s analysis of evidence and arguments
`
`presented. Because of the impact of SAS and the limited amount of time for
`
`the Board and parties to apply SAS to this proceeding, the Deputy Chief
`
`Administrative Patent Judge has determined that good cause exists to extend
`
`the one—year period for issuing a Final Written Decision.
`
`46%
`
`Scott R. Boalick
`
`Deputy Chief Administrative Patent Judge
`
`1 The Chief Administrative Patent Judge took no part in this decision to
`avoid any appearance of a conflict of interest. Accordingly, the Deputy
`Chief Administrative Patent Judge has been delegated the authority to
`
`
`
`IPR2017-00855
`Patent 9,410,971 B2
`
`PETITIONER:
`
`Stephen Y. Chow
`Gabriel Goldman
`Ronda Moore
`BURNS & LEVINSON LLP
`stephen.y.chow@burnslev.com
`ggoldman@burnsley.com
`rmoore@burnselv.com
`
`
`PATENT OWNER:
`
`Brian W. Nolan
`Ying-Zi Yang
`MAYER BROWN LLP
`bnolan@mayerbrown.com
`yyang@mayerbrown.com
`
`Gregory J. Carlin
`Andrew T. Meunier
`T. Paul Tanpitukpongse
`MEUNIER CARLIN & CURFMAN LLC
`gcarlin@mcciplaw.com
`dmeunier@mcciplaw.com
`ptanpitukpongse@mcciplaw.com
`
`
`
`
`
`3
`
`
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