`
`Paper 22
`Entered: January 5, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LSI CORPORATION and
`AVAGO TECHNOLOGIES U.S., INC.,
`Petitioners,
`
`v.
`
`REGENTS OF THE UNIVERSITY OF MINNESOTA,
`Patent Owner.
`____________
`
`Case IPR2017-01068
`Patent 5,859,601
`____________
`
`
`
`Before ROBERT J. WEINSCHENK, CHARLES J. BOUDREAU, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01068
`Patent 5,859,601
`
`
`
`INTRODUCTION
`I.
`On January 3, 2018, Judges Weinschenk, Boudreau, and Harlow held
`a telephone conference call with counsel for LSI Corp. and Avago
`Technologies U.S., Inc. (“Petitioners”) and counsel for Regents of the
`University of Minnesota (“Patent Owner”). A court reporter was present on
`the conference call. This Order summarizes statements made during the
`conference call. A more complete record may be found in the court
`reporter’s transcript, filed by Patent Owner as Exhibit 2003.
`II. ANALYSIS
`Patent Owner requested that we stay the instant proceeding pending
`appellate review of the Order Denying Patent Owner’s Motion to Dismiss
`(Paper 19) based on Eleventh Amendment immunity. Petitioners opposed
`Patent Owner’s request. After considering the respective positions of the
`parties, we hereby authorize Patent Owner to file a motion to stay, and we
`adopt a briefing schedule consistent with that outlined during the conference
`call. Specifically, we authorize Patent Owner to file a 10-page motion to
`stay by January 9, 2018; Petitioners to file a 10-page opposition to Patent
`Owner’s motion to stay by January 16, 2018; and Patent Owner to file a 3-
`page reply to Petitioners’ opposition by January 23, 2018.
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner is authorized to file a 10-page motion
`to stay by January 9, 2018;
`FURTHER ORDERED that Petitioners are authorized to file a 10-
`page opposition to Patent Owner’s motion to stay by January 16, 2018;
`
`2
`
`
`
`IPR2017-01068
`Patent 5,859,601
`
`
`
`FURTHER ORDERED that Patent Owner is authorized to file a 3-
`page reply to Petitioners’ opposition by January 23, 2018; and
`FURTHER ORDERED that the deadline for Patent Owner to file a
`Preliminary Response in this proceedings is suspended pending our ruling
`on Patent Owner’s motion to stay.
`
`
`
`3
`
`
`
`IPR2017-01068
`Patent 5,859,601
`
`
`PETITIONERS:
`Kristopher Reed
`Edward Mayle
`KILPATRICK TOWNSEND & STOCKTON LLP
`kreed@kilpatricktownsend.com
`tmayle@kilpatricktownsend.com
`
`PATENT OWNER:
`Patrick McElhinny
`Mark Knedeisen
`K&L GATES LLP
`patrick.mcelhinny@klgates.com
`mark.knedeisen@klgates.com
`
`Richard Giunta
`Gerald Hrycyszyn
`WOLF, GREENFIELD & SACKS, P.C.
`rgiunta-ptab@wolfgreenfield.com
`ghrycyszyn-ptab@wolfgreenfield.com
`
`
`
`4
`
`
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