`Trials@uspto.gov Paper 7
` Entered: October 18, 2017
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ONE WORLD TECHNOLOGIES, INC.
`d/b/a TECHTRONIC INDUSTRIES POWER EQUIPMENT,
`Petitioner,
`v.
`THE CHAMBERLAIN GROUP, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01546
`Patent 7,224,275 B2
`____________
`
`
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, and JON M. JURGOVAN,
`Administrative Patent Judges.
`
`JURGOVAN, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2017-01546
`Patent 7,224,275 B2
`
`
`On October 5, 2017, Petitioner requested a conference call with the panel to
`
`seek leave to file a Reply to Patent Owner’s Preliminary Response (Paper 6) on the
`issue of whether Patent Owner’s first complaint against Petitioner, served on May
`25, 2016, and then voluntarily dismissed by Patent Owner, triggers the one-year
`bar for filing a petition under 35 U.S.C. § 315(b).
`On October 13, 2017, this panel conducted a conference call with counsel
`for Petitioner and Patent Owner, who presented their views on whether the filing of
`the first complaint triggered the § 315(b) bar in view of its later dismissal. During
`the call, Patent Owner requested authorization to file a Sur-Reply if Petitioner is
`authorized to file a Reply.
`After hearing from the parties and reviewing the parties’ arguments in the
`briefing to date, we find that it would be helpful to obtain additional briefing from
`the parties. See 37 C.F.R. §§ 42.20(d), 42.108(c). In addition, identification and
`explanation of the legal authority upon which Petitioner and Patent Owner base
`their contentions would be helpful to the panel.
`Accordingly, it is:
`ORDERED that Petitioner is authorized to file a Reply to Patent Owner’s
`Preliminary Response for the limited purpose of addressing whether the first
`complaint triggered the bar for filing a petition under 35 U.S.C. § 315(b), the
`Reply not to exceed five (5) pages in length and to be filed within seven (7) days
`from the date of this Order; and
`FURTHER ORDERED that Patent Owner is authorized to file a Sur-Reply
`not to exceed five (5) pages within fourteen (14) days from the date of this Order.
`
`
`
`
`
`IPR2017-01546
`Patent 7,224,275 B2
`
`
`For PETITIONER:
`Dion Bregman
`Jason C. White
`Michael Lyons
`MORGAN, LEWIS & BOCKIUS LLP
`Dion.bregman@morganlewis.com
`Jason.white@morganlewis.com
`Michael.lyons@morganlewis.com
`
`
`For PATENT OWNER:
`Walter Renner
`Joshua Griswold
`Jeremy Monaldo
`Dan Smith
`FISH & RICHARDSON
`axf-ptab@fr.com
`griswold@fr.com
`jjm@fr.com
`dsmith@fr.com
`
`
`
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