`Tel: 571-272-7822
`
`
`
`
`Paper 72
`Entered: November 20, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`PFIZER, INC. and CELLTRION, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-019231
`Patent 7,976,838 B2
`_______________
`
`
`Before SHERIDAN K. SNEDDEN and JACQUELINE T. HARLOW,
`Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Request for Authorization to File a Sur-Reply
`37 C.F.R. §§ 42.5(a), 42.24(c)(1)
`
`
`
`
`1 Case IPR2018-01019 has been joined with this proceeding.
`
`
`
`IPR2017-01923
`Patent 7,976,838 B2
`
`
`The Board recently issued guidance in the form of a “Trial Practice
`Guide Update,” dated August 2018 (“Practice Guide Update”). See 83 Fed.
`Reg. 38,989 (Aug. 13, 2018) (notifying the public of the updated “Practice
`Guide” and its accessibility through the USPTO website:
`https://go.usa.gov/xU7GP).
`In an email sent to the Board on November 15, 2018, counsel for
`Patent Owner requested authorization to file a sur-reply per the Practice
`Guide Update. The relevant portion of the email reads as follows:
`
`Patent Owner respectfully seeks a call to request authorization to
`file a sur-reply instead of observations on cross based on the
`guidance in the updated August 2018 Trial Practice Guide.
`Patent Owner proposes that the sur-reply be due on December
`18th. Petitioner Pfizer does not oppose this request.
`We grant Patent Owner’s unopposed request to file a sur-reply that
`conforms to the word limit applicable to reply briefs; namely, the 5,600
`word count. See 37 C.F.R. 42.24(c)(1) (applicable word count). As
`indicated by Patent Owner, the parties agree that the sur-reply is due by
`December 18, 2018.
`Accordingly, it is
`ORDERED that Patent Owner’s request for authorization to file a sur-
`reply is granted;
`FURTHER ORDERED that the sur-reply is due by December 18,
`2018 and shall comply with the 5,600 word count limit applicable to reply
`briefs.
`
`
`
`
`2
`
`
`
`IPR2017-01923
`Patent 7,976,838 B2
`
`PETITIONER:
`
`John Scheibeler
`Dimitrios Drivas
`WHITE & CASE
`jscheibeler@whitecase.com
`ddrivas@whitecase.com
`
`Jovial Wong
`Eimeric Reig-Plessis
`Charles Klein
`WINSTON & STRAWN LLP
`jwong@winston.com
`ereigplessis@winston.com
`cklein@winston.com
`
`
`PATENT OWNER:
`
`J. Steven Baughman
`Megan Raymond
`PAUL WEISS
`sbaughman@paulweiss.com
`mraymond@paulweiss.com
`
`Yite Lu
`David Gindler
`Michael Fleming
`Gary Frischling
`Keith Orso
`IRELL & MANELLA LLP
`yjlu@irell.com
`dgindler@irell.com
`mfleming@irell.com
`gfrischling@irell.com
`korso@irell.com
`
`3
`
`
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