`Tel: 571-272-7822
`
`
`
`
`
`Paper 20
`Entered: June 1, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZSCALER, INC.,
`Petitioner
`
`v.
`
`SEMANTEC CORPORATION,
`Patent Owner
`____________
`
`Case IPR2017-01342
`Patent 8,661,498 B2
`
`____________
`
`
`
`Before RAMA G. ELLURU, DANIEL N. FISHMAN, and
`STACEY G. WHITE, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding - Revised Schedule
`37 C.F.R. § 42.5
`
`
`
`IPR2017-01342
`Patent 8,661,498 B2
`
`
`On May 23, 2018, the parties filed an authorized Joint Motion To
`Amend Schedule (Paper 19, “Mot.” Or “Motion) proposing revisions to our
`earlier Scheduling Order (Paper 11) that allow for additional briefing in view
`of our May 15, 2018, Order revising the original Decision on Institution to
`add all claims and grounds asserted in the Petition (Paper 18 “SAS Order”).
`Our SAS Order instituted claims 14, 15, 23–27, and 35–38 (the “newly
`instituted claims”) that had been denied institution in our original Decision
`on Institution. SAS Order 2. The parties propose the following schedule:
`DUE DATE 1 June 18, 2018
`Patent owner’s [additional] response to the petition
`DUE DATE 2 July 31, 2018
`Petitioner’s [additional] reply to patent owner’s
`[additional] response to petition
`DUE DATE 4 August 27, 2018
`Motion for observation regarding cross-examination of
`reply witness
`Motion to exclude evidence
`Request for oral argument
`DUE DATE 5 September 4, 2018
`Response to motion for observation re cross-examination
`of reply witness
`Opposition to motion to exclude
`DUE DATE 6 September 10, 2018
`Reply to opposition to motion to exclude
`DUE DATE 7 September 13, 2018
`Oral argument
`See Mot. 1. Implicit in the proposed schedule change is the filing of an
`additional response by Patent Owner and an additional reply filing by
`Petitioner responsive to Patent Owner’s additional response. The parties
`further note that Patent Owner’s counsel will be unavailable for Oral
`Argument from September 14, 2018 through September 21, 2018. Mot. 1,
`n.1.
`
`
`
`2
`
`
`
`IPR2017-01342
`Patent 8,661,498 B2
`
`
`Regarding the implied request for additional briefing, we authorize
`Patent Owner to file a Supplemental Response, limited to addressing the
`newly instituted claims, limited to fifteen (15) pages, and filed no later than
`REVISED DUE DATE 1 below. We further authorize Petitioner to file a
`Supplemental Reply limited to responding to Patent Owner’s Supplemental
`Response, limited to fifteen (15) pages, and filed no later than REVISED
`DUE DATE 2 below. Petitioner is cautioned that no new evidence may be
`introduced into the record.
`The Board cannot accommodate the proposed date of September 13,
`2018 for Oral Argument. Thus, the schedule is hereby modified as follows:
`REVISED DUE DATE 1 June 18, 2018
`REVISED DUE DATE 2 July 31, 2018
`
`(no motion to amend has been requested)
`REVISED DUE DATE 3 not applicable
`
`(no motion to amend has been requested)
`REVISED DUE DATE 4 August 20, 2018
`REVISED DUE DATE 5 August 28, 2018
`REVISED DUE DATE 6 September 3, 2018
`REVISED DUE DATE 7 September 6, 2018
`
`
`
`
`3
`
`
`
`IPR2017-01342
`Patent 8,661,498 B2
`
`
`Accordingly, it is:
`ORDERED that our Scheduling Order is modified such that:
`REVISED DUE DATE 1 June 18, 2018
`REVISED DUE DATE 2 July 31, 2018
`REVISED DUE DATE 4 August 20, 2018
`Motion for observation regarding cross-examination of
`reply witness
`Motion to exclude evidence
`Request for oral argument
`REVISED DUE DATE 5 August 28, 2018
`Response to motion for observation re cross-examination
`of reply witness
`Opposition to motion to exclude
`REVISED DUE DATE 6 September 3, 2018
`Reply to opposition to motion to exclude
`REVISED DUE DATE 7 September 6, 2018
`Oral argument;
`FURTHER ORDERED that Patent Owner is authorized to file a
`Supplemental Response addressing the newly instituted claims, the
`Supplemental Response limited to fifteen (15) pages filed no later than
`REVISED DUE DATE 1; and
`FURTHER ORDERED that Petitioner is authorized to file a
`Supplemental Reply addressing issued raised by Patent Owner’s
`Supplemental Response, the Supplemental Reply limited to fifteen (15)
`pages filed no later than REVISED DUE DATE 2.
`
`
`
`
`4
`
`
`
`IPR2017-01342
`Patent 8,661,498 B2
`
`PETITIONER:
`Leo L. Lam
`KEKER, VAN NEST & PETERS LLP
`llam@kvn.com
`
`
`PATENT OWNER:
`
`Chad C. Walters
`Kurt M. Pankratz
`James Williams
`Harrison G. Rich
`BAKER BOTTS L.L.P.
`chad.walters@bakerbotts.com
`kurt.pankratz@bakerbotts.com
`james.williams@bakerbotts.com
`harrison.rich@bakerbotts.com
`
`
`
`
`
`5
`
`
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