`571-272-7822
`
`
` Paper 30
` Entered: August 30, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HUTCHINSON TECHNOLOGY INC.,
`HUTCHINSON TECHNOLOGY OPERATIONS (Thailand) CO., LTD.,
`Petitioner,
`
`v.
`
`NITTO DENKO CORP,
`Patent Owner.
`____________
`
`Case IPR2017-01607
`Patent 8,692,126
`____________
`
`Before THOMAS L. GIANNETTI and CHRISTA P. ZADO,
`Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`Case IPR2017-01607
`Patent No. 8,692,126
`
`
`BACKGROUND
`On August 29, 2018, a conference call was held among counsel for
`
`the parties and Judges Giannetti and Zado. The purpose of the call was to
`discuss Petitioner’s request for authorization to file supplemental
`information under 37 C.F.R. § 42.123(b). The call was requested by
`Petitioner in an email to the Board dated August 28, 2018.
`DISCUSSION
`
`
`Petitioner seeks leave to file as an exhibit in this proceeding the April
`
`27, 2018 declaration of Patent Owner’s expert, Giora J. Tarnopolsky, D. Sc.
`Patent Owner introduced this declaration in co-pending proceeding
`IPR2018-00955 concerning US Patent No. 6,965,499. Petitioner contends
`the declaration contradicts certain statements made by Dr. Tarnopolsky in
`his testimony in this proceeding.
`
`Patent Owner opposes on the grounds of timeliness and relevance.
`Patent Owner’s counsel does not claim to be surprised by the introduction of
`Dr. Tarnopolsky’s testimony in this proceeding, nor could they in light of
`the fact that they introduced his testimony in both proceedings.
`ORDER
`
`It is, therefore,
`
`ORDERED that Petitioner’s request for authorization to file Dr.
`
`Tarnopolsky’s April 27, 2018 declaration from IPR2018-01955 in this
`proceeding is granted;
`
`FURTHER ORDERED that by Friday, August 31, 2018, Petitioner
`will file the declaration along with a statement of not more than two pages
`identifying the portions of the declaration relied on in this proceeding and a
`brief explanation of their relevance;
`
`
`
`2
`
`
`
`Case IPR2017-01607
`Patent No. 8,692,126
`
`FURTHER ORDERED that by Friday, September 7, 2018, Patent
`
`Owner may file a response of no more than two pages to Petitioner’s
`statement regarding the relevance of the Tarnopolsky declaration.
`
`
`
`
`
`
`
`3
`
`
`
`
`
`Case IPR2017-01607
`Patent No. 8,692,126
`
`
`PETITIONER:
`Jennifer Hayes
`jenhayes@nixonpeabody.com
`
`Dan Burnham
`dburnham@nixonpeabody.com
`
`Matthew Werber
`mwerber@nixonpeabody.com
`
`PATENT OWNER:
`
`Alex Chachkes a
`34ptabdocket@orrick.com
`
`Donald Daybell
`d2dptabdocket@orrick.com
`
`K. Patrick Herman
`P52PTABDocket@orrick.com
`
`
`
`
`4
`
`
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