`
`
`
`
`
`
`
`
` Paper No. 16
`
`
` Entered: August 10, 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.
`
`PER CURIAM.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01068
`Patent 5,859,601
`
`
`
`On July 13, 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, we extended, for a second time, the
`deadline for Patent Owner to file its Preliminary Response. Paper 15; see
`also Paper 12.
`On August 9, 2017, Patent Owner requested, via electronic
`correspondence, a call with the Board to request authorization to seek further
`extension of the deadline to file its Preliminary Response. Patent Owner
`states in its request that Petitioners, LSI Corporation and Avago
`Technologies U.S., Inc., oppose this request.
`Patent Owner’s request is denied. We will issue our decision on
`Patent Owner’s motion to dismiss in due course. However, while we are
`mindful of Patent Owner’s position, the panel will not further extend the
`deadline for Patent Owner to file its Preliminary Response. Accordingly, to
`the extent Patent Owner intends to file a Preliminary Response in this
`matter, it should be prepared to do so by August 28, 2017, as set forth in our
`prior Order (Paper 15).
`It is
`ORDERED that the deadline for Patent Owner to file its Preliminary
`Response is August 28, 2017, as set forth in Paper 15.
`
`
`
`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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