`
`
`
`
`
`
`
`
` Paper No. 15
`
`
` Entered: July 13, 2017
`
`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.
`
`HARLOW, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01068
`Patent 5,859,601
`
`
`
`On May 24, 2017, in view of the pending motion to dismiss on
`Eleventh Amendment sovereign immunity grounds filed by Patent Owner,
`Regents of the University of Minnesota, and the agreement between Patent
`Owner and Petitioners, LSI Corporation and Avago Technologies U.S., Inc.,
`to extend the deadline for Patent Owner to file its Preliminary Response by
`one month, we issued an Order extending until July 29, 2017, the deadline
`for Patent Owner to file its Preliminary Response. Paper 12. In that Order,
`we invited the parties to contact the Board in the event that any concerns
`regarding the briefing schedule should arise. Id.
`On July 11, 2017, Patent Owner requested, via electronic
`correspondence, a call with the Board to request authorization to seek an
`additional 30 day extension of the deadline to file its Preliminary Response.
`That same day, Petitioner informed the Board, also via electronic
`correspondence, that it opposed Patent Owner’s request, and further, that
`Petitioner does not consent to any further extensions of time.
`Because Patent Owner’s motion to dismiss remains pending, for
`efficiency, and to preserve resources, we extend the deadline for filing of the
`Patent Owner Preliminary Response from July 29, 2017, to August 28, 2017,
`without the need for a conference call. In due course, if either party has any
`concerns or questions regarding the schedule, the parties may contact the
`Board for a conference call.
`Accordingly, it is
`ORDERED that the deadline for Patent Owner to file its Preliminary
`Response is extended to August 28, 2017.
`
`
`2
`
`
`
`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
`
`
`3
`
`
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