`
`Paper 43
`Entered: November 20, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`T-MOBILE US, INC. and T-MOBILE USA, INC.,
`Petitioner,
`
`v.
`
`BARKAN WIRELESS ACCESS TECHNOLOGIES, L.P.,
`Patent Owner.
`____________
`
`Case IPR2017-01099
`Patent 9,042,306 B2
`____________
`
`
`
`Before MEREDITH C. PETRAVICK, JOHN A. HUDALLA, and
`SHARON FENICK, Administrative Patent Judges.
`
`FENICK, Administrative Patent Judge.
`
`
`
`Order
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-01099
`Patent 9,042,306 B2
`
`
`On October 3, 2018, we entered a final written decision in this case.
`Paper 42. On November 2, 2018, the PTAB End to End (E2E) system
`indicated that Patent Owner attempted to file a rehearing request, but no
`rehearing request appears in the record.
`If the Patent Owner wishes to file a rehearing request, Patent Owner
`should file the rehearing request within five business days of entry of this
`order. The time to file a request for rehearing of the final written decision
`expired on November 2, 2018 (see 37 C.F.R. 42.71(d)(2), a request must be
`filed within 30 days from entry of a final decision) and, thus, the rehearing
`request must be accompanied by a motion to excuse the late filing pursuant
`to 37 C.F.R. § 42.5(c)(3). “A late action will be excused on a showing of
`good cause or upon a Board decision that consideration on the merits would
`be in the interests of justice.” Id. Prior to filing the motion, Patent Owner
`should meet and confer with Petitioner to determine if the Petitioner opposes
`excusing the late filing of the rehearing request. The motion shall indicate
`whether Petitioner opposes or not. If Petitioner opposes, Petitioner may file
`an opposition to the motion within five business days from the filing of the
`motion. See 37 C.F.R. § 42.23. No reply is authorized at this time.
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner is authorized to file, within five
`business days from entry of this order, its rehearing request;
`FURTHER ORDERED that the rehearing request must be
`accompanied by a motion, of three pages or less, to excuse the late filing of
`the rehearing request; and
`
`2
`
`
`
`IPR2017-01099
`Patent 9,042,306 B2
`
`
`FURTHER ORDERED that Petitioner is authorized to file, within five
`business days from the filing of the motion, an opposition, of three pages or
`less, to the motion.
`
`
`
`
`3
`
`
`
`IPR2017-01099
`Patent 9,042,306 B2
`
`PETITIONER:
`
`Chun M. Ng
`Miguel Bombach
`John Esterhay
`PERKINS COIE LLP
`cng@perkinscoie.com
`mbombach@perkinscoie.com
`jesterhay@perkinscoie.com
`
`
`PATENT OWNER:
`
`Robert D. Katz
`KATZ, PLLC
`rkatz@katzfirm.com
`
`Spencer C. Patterson
`spatterson@gchub.com
`
`4
`
`
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