`571.272.7822
`
`
`
`
`
` Paper No. 18
`Entered: May 16, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`UNITED INDUSTRIES CORPORATION,
`Petitioner,
`v.
`SUSAN McKNIGHT, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01686
`Patent 9,253,973 B2
`____________
`
`
`Before JAMES A. TARTAL, TIMOTHY J. GOODSON, and
`RICHARD H. MARSCHALL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`CONDUCT OF PROCEEDING
`Authorizing Additional Briefing and Modifying Due Dates 2 to 6
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2017-01686
`Patent 9,253,973 B2
`
`
`On May 2, 2018, we issued an order modifying our Institution
`Decision (Paper 7) to include review of all challenged claims of U.S. Patent
`No. 9,253,973 B2 (Ex. 1001, “the ’973 patent”) on all grounds presented in
`the Petition. Paper 17, 3–4. We also requested that the parties meet and
`confer to determine whether they desired any changes to the schedule or
`briefing in the proceeding. Id. at 4.
`In response, United Industries Corporation (“Petitioner”) and Susan
`McKnight, Inc. (“Patent Owner”) submitted a joint proposal, portions of
`which we adopt as set forth below. Because briefing will be complete under
`the joint proposal by October 12, 2018, the date of oral argument if
`requested (DUE DATE 7) will remain as set forth in the original schedule as
`October 18, 2018. See Paper 8, 8.
`As provided in the Scheduling Order, the parties also may stipulate to
`different due dates, other than DUE DATES 6 and 7. Paper 8, 6. If either
`party desires additional briefing beyond what is provided below, or further
`adjustments to the schedule for DUE DATES 6 or 7, that party may request
`a conference call with the Board to seek such changes or authorization for
`briefing after it has met and conferred with the opposing party.
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner is authorized to submit a Supplemental
`Patent Owner Response by June 6, 2018, not to exceed 3,000 words
`excluding title page, Table of Contents, Table of Authorities, and Exhibits
`List;
`
`FURTHER ORDERED that the Supplemental Patent Owner
`Response may only address the additional grounds instituted on May 2,
`2018, and will be considered in conjunction with the Patent Owner Response
`
`2
`
`
`
`IPR2017-01686
`Patent 9,253,973 B2
`
`(Paper 15), such that Patent Owner need not repeat in the Supplemental
`Response allegations and argument already submitted in the Patent Owner
`Response, but may refer back to allegations and argument in the Patent
`Owner Response, and that such references will not be considered to be
`impermissible incorporation of arguments or documents by reference under
`37 C.F.R. § 42.6(a)(3);
`FURTHER ORDERED that Petitioner is authorized an additional
`3,000 words in its single reply to both the Patent Owner Response and
`Supplemental Patent Owner Response; and,
`FURTHER ORDERED that the Scheduling Order (Paper 8) is
`modified to extend:
`DUE DATE 2 to August 10, 2018;
`DUE DATE 3 to August 31, 2018;
`DUE DATE 4 to September 24, 2018;
`DUE DATE 5 to October 5, 2018; and
`DUE DATE 6 to October 12, 2018.
`
`
`
`
`3
`
`
`
`IPR2017-01686
`Patent 9,253,973 B2
`
`PETITIONER:
`
`Michael R. Houston
`mhouston@foley.com
`
`Jeffrey R. Lomprey
`jlomprey@foley.com
`FOLEY & LARDNER LLP
`
`
`PATENT OWNER:
`
`John Linderman
`lind@ip-lawyers.com
`
`Justin Durelli
`durelli@ip-lawyers.com
`MCCORMICK, PAULDING & HUBER LLP
`
`
`4
`
`
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