`571–272–7822
`
`
`Entered: August 20, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TECHNICAL CONSUMER PRODUCTS, INC., NICOR INC.,
`and AMAX LIGHTING,
`Petitioner,
`
`v.
`
`LIGHTING SCIENCE GROUP CORP.,
`Patent Owner.
`____________
`
`
`
`
`
`
`
`Case IPR2017-01280 (Patent 8,967,844 B2)
`Case IPR2017-01285 (Patent 8,672,518 B2)
`Case IPR2017-01287 (Patent 8,201,968 B2)1, 2
`____________
`
`Before KEVIN F. TURNER, PATRICK M. BOUCHER, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`
`SECOND SUPPLEMENTAL ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order pertains to all of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`2 IPR2018-00261 and IPR2018-00271 are joined with IPR2017-01280,
`IPR2018-00262 and IPR2018-00270 are joined with IPR2017-01285, and
`IPR2018-00263 and IPR2018-00269 are joined with IPR2017-1287.
`
`
`
`IPR2017-01280 (Patent 8,967,844 B2)
`IPR2017-01285 (Patent 8,672,518 B2)
`IPR2017-01287 (Patent 8,201,968 B2)
`
`
`Further to our trial hearing orders of June 26 and July 18, 2018, in
`proceedings IPR2017-01280, IPR2017-01285, and IPR2017-01287, we
`supplement those orders as follows.
`On August 9, 2018, counsel for Petitioner sent an email to
`Trials@uspto.gov requesting that we further modify DUE DATE 7, the date
`of oral argument in each of these cases. DUE DATE 7 had been modified
`previously to August 20, 2018, in our orders of June 26, 2018. Petitioner
`represented that “Counsel who will be arguing for Petitioner[] (and [its]
`primary counsel)” suffered “an unexpected medical incident” that would
`require several weeks of recovery. Accordingly, Petitioner proposed a
`number of dates to reschedule DUE DATE 7 in mid-to late-October.
`Petitioner represented that Patent Owner was amenable to the schedule
`change.
`A conference call was held on August 10, 2018, among respective
`counsel for Petitioner and Patent Owner, and Judges Turner, Boucher, and
`Hudalla. The purpose of the call was to discuss Petitioner’s request to
`further modify DUE DATE 7. We explained that Petitioner’s proposed
`dates in October were too late in the schedule to allow us to meet our
`statutory deadline of issuing a final written decision within one year of
`institution. See 35 U.S.C. § 316(a)(11). We further explained that, given the
`availability of alternative counsel-of-record for Petitioner to argue these
`cases, a good-cause extension of the one-year deadline would be highly
`unlikely. Accordingly, we instructed the parties to send an email to the
`Board with available dates for oral argument reflecting a one-or two-week
`
`2
`
`
`
`IPR2017-01280 (Patent 8,967,844 B2)
`IPR2017-01285 (Patent 8,672,518 B2)
`IPR2017-01287 (Patent 8,201,968 B2)
`
`extension of time to allow alternative counsel for Petitioner to prepare for
`argument.
` Based on the parties’ emailed response of August 13, 2018, we
`modify DUE DATE 7 in each of these cases to September 6, 2018. The
`hearing will commence at 1:00 PM on that date in Hearing Room “D” on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. All deadlines in our trial hearing orders of June 26, 2018,
`pertaining to demonstratives, confidential information, etc., are reset based
`on this new date.
`For the reasons given, it is
`ORDERED that DUE DATE 7 in each of these cases is modified to
`September 6, 2018.
`
`
`3
`
`
`
`IPR2017-01280 (Patent 8,967,844 B2)
`IPR2017-01285 (Patent 8,672,518 B2)
`IPR2017-01287 (Patent 8,201,968 B2)
`
`PETITIONER(TCP):
`Jason G. Harp
`Steven H. Noll
`Thomas A. Rammer
`Stacie Hartman (admitted pro hac vice)
`SCHIFF HARDIN LLP
`jharp@schiffhardin.com
`snoll@schiffhardin.com
`trammer@schiffhardin.com
`shartman@schiffhardin.com
`
`PETITIONER(Jiawei):
`Mark C. Nelson
`Daniel Valenzuela
`BARNES & THORNBURG LLP
`mnelson@btlaw.com
`dvalenzuela@btlaw.com
`
`PETITIONER(Leedarson):
`Jeffery Johnson
`Don Daybell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`3J6PTABDocket@orrick.com
`D2DPTABDocket@orrick.com
`
`
`PATENT OWNER:
`Garret A. Leach
`Eric D. Hayes
`Eugene Goryunov
`Kyle M. Kantarek
`KIRKLAND & ELLIS LLP
`garret.leach@kirkland.com
`eric.hayes@kirkland.com
`eugene.goryunov@kirkland.com
`kyle.kantarek@kirkland.com
`
`4
`
`
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