`571-272-7822
`
`Paper: 33
`Entered: July 6, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ITRON, INC.,
`Petitioner,
`
`v.
`
`SMART METER TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01199
`Patent 7,058,524 B2
`____________
`
`Before BRYAN F. MOORE, BARBARA A. BENOIT, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`ORDER
` Denying Authorization to File a Motion to Expunge
`37 C.F.R. § 42.5
`
`
`
`IPR2017-01199
`Patent 7,058,524 B2
`
`On May 29, 2018, a conference call was held with the parties to
`
`discuss Petitioner’s request for authorization to file a motion to expunge
`Patent Owner’s Observations on Cross-Examination (Paper 26). Prior to the
`conference call being held, Petitioner filed its Response (Paper 27) to Patent
`Owner’s observations in accordance with the Scheduling Order (Paper 9).
`
`During the conference call, Petitioner argued Patent Owner’s
`observations on cross-examination are improper because (1) the
`observations are about the Patent Owner’s own witness’s testimony, (2) the
`observations are about testimony taken prior to the filing of the Patent
`Owner Response, or (3) the observations regarding completeness of
`testimony under Fed. R. Evid. 106 ignore that Petitioner also addressed the
`purported additional relevant testimony and filed the entire deposition
`transcript. Patent Owner opposed Petitioner’s request, including by arguing
`that Patent Owner’s observations were necessary to place the testimony cited
`in Petitioner’s Reply (Paper 21) in the proper context.
`
`Having considered the parties’ arguments, we deny Petitioner’s
`request for authorization to file a motion to expunge Patent Owner’s
`Observations on Cross-Examination. During the conference call, Petitioner
`agreed that any harm potentially caused by Patent Owner’s purportedly
`improper observations was cured by Petitioner’s filing of its Response to the
`observations. Thus, under the particular circumstances presented here, we
`do not authorize Petitioner’s request for authorization to file a motion to
`expunge.
` It is hereby:
`ORDERED that Petitioner’s request for authorization to file a motion
`to expunge is denied.
`
`2
`
`
`
`IPR2017-01199
`Patent 7,058,524 B2
`
`PETITIONER:
`
`Kirk T. Bradley
`Christopher Douglas
`Brady Cox
`ALSTON & BIRD LLP
`kirk.bradley@alston.com
`christopher.douglas@alston.com
`brady.cox@alston.com
`
`PATENT OWNER:
`
`Decker A. Cammack
`Enrique Sanchez, Jr.
`WHITAKER CHALK SWINDLE & SCHWARTZ PLLC
`dcammack@whitakerchalk.com
`rsanchez@whitakerchalk.com
`
`3
`
`
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