`571-272-7822
`
`
`
`
`
`
`Paper: 28
`Entered: August 27, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
` HUAWEI TECHNOLOGIES CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01471 (Patent 8,412,197 B2)
`Case IPR2017-01472 (Patent 8,369,278 B2)
`Case IPR2017-01473 (Patent 8,885,583 B2)
`Case IPR2017-01474 (Patent 8,639,246 B2)
`Case IPR2017-01475 (Patent 8,996,003 B2)
`Case IPR2017-01483 (Patent 8,483,166 B2)
` Case IPR2017-01487 (Patent 8,812,848 B2)1
`____________
`
`Before TREVOR M. JEFFERSON and JOHN F. HORVATH,
`Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01472 (Patent 8,369,278 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`IPR2017-01483 (Patent 8,483,166 B2)
`IPR2017-01487 (Patent 8,812,848 B2)
`
`
`
`On August 24, 2018, Huawei Technologies Co., Ltd. (“Patent
`Owner”) contacted the Board requesting authorization to file sur-replies to
`the replies filed by Samsung Electronics Co., Ltd. (“Petitioner”) in each of
`the above identified cases. Patent Owner represented that it met and
`conferred with Petitioner, and that Petitioner agreed not to oppose Patent
`Owner’s request in order to avoid excessive motions practice.
`Given Petitioner’s non-objection, and the recent changes2 to the Trial
`Practice Guide allowing patent owners to file sur-replies that (a) respond to
`arguments made in principle reply briefs, (b) comment on reply declaration
`testimony, or (c) point to cross-examination testimony, Patent Owner’s
`request is granted. Patent Owner may file a sur-reply in each of the above
`identified cases limited to the topics identified above. Any such sur-reply
`must be filed no later than September 10, 2018, and may not exceed 7 pages
`in length.
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s request to file a sur-reply in each of
`IPR2017-01471, IPR2017-01472, IPR2017-01473, IPR2017-01474,
`IPR2017-01475, IPR2017-01483, and IPR2017-01487 is granted;
`
`
`2 See Office Patent Trial Practice Guide, August 2018 Update (August 13,
`2018) (available at https://go.usa.gov/xU7GP).
`
`2
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01472 (Patent 8,369,278 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`IPR2017-01483 (Patent 8,483,166 B2)
`IPR2017-01487 (Patent 8,812,848 B2)
`
`
`
`FURTHER ORDERED that Patent Owner’s sur-replies, in each of the
`cases enumerated above, are respectively limited to (a) responding to
`arguments made in Petitioner’s reply brief, (b) commenting on any reply
`declaration testimony, or (c) pointing out relevant cross-examination
`testimony of any reply declarant;
`FURTHER ORDERED that Patent Owner’s sur-replies, in each of the
`cases enumerated above, are respectively limited to 7 pages in length; and
`FURTHER ORDERED that Patent Owner’s sur-replies, in each of the
`cases enumerated above, are respectively due no later than September 10,
`2018.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01472 (Patent 8,369,278 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`IPR2017-01483 (Patent 8,483,166 B2)
`IPR2017-01487 (Patent 8,812,848 B2)
`
`
`PETITIONER:
`Kevin P.B. Johnson
`Marissa Ducca
`Deepa Acharya
`Jared Newton
`Brian Mack
`QUINN EMANUAL URQUHART & SULLIVAN
`kevinjohnson@quinnemanuel.com
`marissaducca@quinnemanuel.com
`deepaacharya@quinnemanuel.com
`jarednewton@quinnemanuel.com
`brianmack@quinnemanuel.com
`
`PATENT OWNER:
`Jeffrey P. Kushan
`Joseph A. Micallef
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`jmicallef@sidley.com
`
`
`4
`
`
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