`571-272-7822 Entered: 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
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`ORDER
`Extending One-Year Pendency for Good Cause
`35 U.S.C. § 316(a)(11) and 37 C.F.R. § 42.100(c)
`
`
`
`IPR2017-00855
`Patent 9,410,971 B2
`
`
`Instrumentation Laboratory Company (“Petitioner”) filed a Petition
`seeking inter partes review of claims 1–20 of U.S. Patent No. 9,410,971 B2
`(Ex. 1001, “the ’971 patent”). On September 1, 2017, the Board instituted
`an inter partes review of claims 1, 2, 6, 7, 15, and 16 of the ’971 patent on a
`subset of the grounds in the Petition. Paper 14. Thereafter, on April 24,
`2018, the Supreme Court issued its decision in SAS Institute Inc. v. Iancu,
`138 S. Ct. 1348 (2018) (“SAS decision”). The one-year period normally
`available to issue a Final Written Decision expires on September 1, 2018.
`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
`Judge who, in this instance, has delegated that authority to the Deputy Chief
`Administrative Patent 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 Judge has determined that good cause exists to extend
`the one-year period for issuing a Final Written Decision here. Paper 52; 37
`C.F.R. § 42.100(c). Accordingly, the time to administer the present
`proceeding is extended by up to six months.
`
`
`
`2
`
`
`
`IPR2017-00855
`Patent 9,410,971 B2
`
`
`It is
`ORDERED that good cause exists to extend the time of pendency in
`this proceeding; and
`FURTHER ORDERED that this proceeding is extended by up to six
`months.
`
`
`
`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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