`Tel: 571-272-7822
`
`
`Paper 20
`Entered: March 28, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION AND VIMEO, INC.,
`Petitioner,
`
`v.
`
`LINK ENGINE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00886
`Patent 7,480,694 B2
`
`
`
`
`Before RAMA G. ELLURU, SCOTT A. DANIELS, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`ORDER
`Authorizing Petitioner to File Sur-Reply
`37 C.F.R. § 42.5(a)
`
`
`
`
`Petitioner requested, by an email dated March 21, 2018, a conference
`call with the Board seeking authorization to file a Sur-reply to Patent
`Owner’s Reply (Paper 19) to Petitioner’s Opposition (Paper 18), all resulting
`from Patent Owner’s Contingent Motion to Amend (Paper 16) filed
`November 22, 2017.
`
`
`
`
`1
`
`
`
`Case IPR2017-00886
`Patent 7,480,694 B2
`The Board conducted a telephone conference with the parties on
`March 27, 2018. Petitioner expressed its concerns during the call that Patent
`Owner’s Reply mischaracterized certain factual assertions made by
`Petitioner it its Opposition. Petitioner indicated that it desired a short brief
`to clarify its assertions relevant to these factual matters. Patent Owner
`opposes the Sur-reply, arguing that Petitioner had already submitted a 19
`page Opposition and that, where Patent Owner was the moving party,
`Petitioner had already been provided with ample opportunity to present
`sufficiently its opposition to the Motion to Amend.
`Taking into account the procedural posture of this case, including the
`Contingent Motion to Amend and related briefs, the Board authorizes
`Petitioner a Sur-reply, limited to four pages and addressing only the relevant
`assertions and facts necessary to clarify its Opposition.
`Accordingly, it is
`ORDERED that Petitioner is authorized to file a four page Sur-reply
`to Patent Owner’s Reply to Petitioner’s Opposition no later than April 3,
`2018;
`FURTHER ORDERED that no new evidence shall be submitted with
`or addressed in the Sur-Reply; and
`FURTHER ORDERED that no other documents besides the Sur-reply
`Order are authorized to be filed in these proceedings.
`
`
`
`
`
`
`
`Case IPR2017-00886
`Patent 7,480,694 B2
`
`For PETITIONER:
`
`Andrew M. Mason
`Deakin T. Lauer
`andrew.mason@klarquist.com
`deakin.lauer@klarquist.com
`KLARQUIST SPARKMAN, LLP
`docketing@klarquist.com
`
`For PATENT OWNER:
`
`Brett J. Davis
`Joseph Pia (pro hac vice to be filed)
`bdavis@pa-law.com
`Joe.pia@pa-law.com
`PIA ANDERSON MOSS HOYT
`
`
`
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