`
`Paper 46
`Entered: July 9, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`OTICON MEDICAL AB; OTICON MEDICAL LLC;
`WILLIAM DEMANT HOLDING A/S,
`Petitioner,
`
`v.
`
`COCHLEAR BONE ANCHORED SOLUTIONS AB,
`Patent Owner.
`____________
`
`Case IPR2017-01018
`Patent 7,043,040 B2
`____________
`
`
`
`Before JAMES B. ARPIN, BARBARA A. PARVIS, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-01018
`Patent 7,043,040 B2
`
`
`
`Pursuant to Petitioner’s request, made by email on July 5, 2018, and
`
`consistent with our Order (Paper 33, 5) authorizing either party to file a
`
`motion to exclude directed to evidence cited regarding the newly-added
`
`challenges to claims 7–10 (see id. at 2–3), Petitioner is authorized to file an
`
`opposition to Patent Owner’s Motion to Exclude Evidence Under 37 C.F.R.
`
`§ 42.64(c) (Paper 43) on or before July 16, 2018. Because we will consider
`
`Patent Owner’s Motion to Exclude Evidence Under 37 C.F.R. § 42.64(c),
`
`Patent Owner’s alternative request to file a sur-reply is denied. See also
`
`37 C.F.R. § 42.20(b) (“A motion will not be entered without Board
`
`authorization. Authorization may be provided in an order of general
`
`applicability or during the proceeding.”).
`
`At this time, no Reply paper is authorized.
`
`
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Petitioner is authorized to file an opposition to Patent
`
`Owner’s Motion to Exclude Evidence Under 37 C.F.R. § 42.64(c) (Paper 43)
`
`by July 16, 2018;
`
`FURTHER ORDERED that Patent Owner’s Alternative Motion to
`
`Sur-Reply is denied; and
`
`FURTHER ORDERED that no additional papers are authorized.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2017-01018
`Patent 7,043,040 B2
`
`
`PETITIONER:
`
`D. Richard Anderson
`dra@bskb.com
`
`Eugene Perez
`etp@bskb.com
`
`Lynde Herzbach
`Lynde.herzach@bskb.com
`
`
`PATENT OWNER:
`
`Bruce Chapman
`bchapman@sheppardmullin.com
`
`Laura Burson
`lburson@sheppardmullin.com
`
`
`3
`
`
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