`Tel: 571-272-7822
`
`Paper 7
`Entered: July 14, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`K/S HIMPP,
`Petitioner,
`
`v.
`
`BENHOV GMBH, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00930
`Patent 8,170,884 B2
`____________
`
`
`
`Before BARBARA A. PARVIS, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`In its Petition for inter partes review (Paper 2; “Pet.”), Petitioner
`acknowledges for purposes of this proceeding that U.S. Patent No.
`8,170,884 B2 (“the ’884 Patent”) claims priority to April 14, 1998. Pet. 4.
`In its Preliminary Response (Paper 6, “Prelim. Resp.”), Patent Owner does
`not address the priority date of the ’884 Patent.
`The priority claims for the ’884 patent form a complex chain dating
`back to April 14, 1998, that includes divisional, continuation, and
`continuation-in-part priority claims, as well as a terminal disclaimer and a
`patent term adjustment (that may be negated by the terminal disclaimer).
`See Ex. 1001, 1. Although neither party addresses the expiration date of the
`’884 patent, the expiration date may fall within the time frame of this
`proceeding and, thus, impact the claim construction standard to be applied.
`See 37 C.F.R. § 42.100(b).
`Accordingly, it is:
`ORDERED that, pursuant to 37 C.F.R. § 42.5, Patent Owner shall
`confer with Petitioner and shall file a notice within three business days of the
`date of this Order that sets forth the date on which the parties represent the
`’884 patent will expire.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`PETITIONER:
`Donald R. Steinberg
`Yung-Hoon Ha
`Haixia Lin
`Christopher R. O’Brien
`Vera A. Shmidt
`WILMER CUTLER PICKERING HALE AND DORR LLP
`Don.Steinberg@wilmerhale.com
`Yung-Hoon.Ha@wilmerhale.com
`Haixia.Lin@wilmerhale.com
`Christopher.OBrien@wilmerhale.com
`Vera.Shmidt@wilmerhale.com
`
`PATENT OWNER:
`
`Henry A. Petri, Jr.,
`James P. Murphy
`Margaux A. Savee
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`msavee@polsinelli.com
`
`Tim R. Seeley
`Russ Rigby
`INTELLECTUAL VENTURES
`tims@intven.com
`rrigby@intven.com
`
`
`
`
`3
`
`
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