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` Paper No. 20
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` Entered: Dec. 27, 2017
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LSI CORPORATION and AVAGO TECHNOLOGIES U.S., INC.,
`Petitioner,
`
`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.
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`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`
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`IPR2017-01068
`Patent 5,859,601
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`
`
`On August 15, 2017, we ordered that the deadline for Patent Owner,
`Regents of the University of Minnesota, to file its Preliminary Response be
`extended until one month after the issuance of an order deciding Patent
`Owner’s Motion to Dismiss (“Motion to Dismiss,” Paper 10). Paper 17. On
`December 19, 2017, we issued a Decision denying the Motion to Dismiss.
`Paper 19. The deadline for Patent Owner’s Preliminary Response is,
`accordingly, set for January 19, 2018.
`On December 20, 2017, Patent Owner requested, via electronic
`correspondence, a call with the Board to discuss the handling of this
`proceeding in view of Patent Owner’s stated intention to file a notice of
`appeal seeking immediate judicial review of our Decision by the U.S. Court
`of Appeals for the Federal Circuit. Patent Owner notes in its correspondence
`that we stated in our August 15, 2017, Order that, “[i]n the event that Patent
`Owner’s Motion to Dismiss is denied, Patent Owner may seek authorization
`to file a motion to stay this proceeding at that time” (Paper 17, 2), and Patent
`Owner indicates that it requests such a stay at this time. Counsel for
`Petitioner, LSI Corp. and Avago Technologies U.S., Inc., responded on
`December 22, 2017, also via electronic correspondence, stating Petitioner’s
`opposition to Patent Owner’s request.
`On December 22, 2017, the Board requested the availability of
`counsel during the first week of January 2018 for a conference call to
`discuss Patent Owner’s requests. In the meantime, we hereby suspend the
`deadline for Patent Owner to file its Preliminary Response pending further
`determination following the conference call.
`
`2
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`IPR2017-01068
`Patent 5,859,601
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`
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`Accordingly, it is
`ORDERED that the deadline for Patent Owner to file its Preliminary
`Response is suspended pending further determination.
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`3
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`
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`IPR2017-01068
`Patent 5,859,601
`
`
`PETITIONER:
`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
`
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`4
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