`571-272-7822
`
`Paper 8
`Entered: June 6, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`IBEX PT HOLDINGS CO., LTD.,
`Patent Owner.
`____________
`
`Cases IPR2018-00092, IPR2018-00094 (Patent 9,025,688 B2)
`Cases IPR2018-00093, IPR2018-00095 (Patent 8,774,279 B2)1
`____________
`
`
`
`Before LYNNE E. PETTIGREW, BARBARA A. PARVIS, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`1 We issue a single order in these four proceedings for convenience.
`
`
`
`IPR2018-00092, IPR2018-00094 (Patent 9,025,688 B2)
`IPR2018-00093, IPR2018-00095 (Patent 8,774,279 B2)
`
`On June 1, 2018, the Board received an email message from
`Petitioner’s counsel requesting authorization to file a motion to submit
`supplemental information under 37 C.F.R. § 42.123(a) in each of these
`proceedings. Ex. 3001. Petitioner asserts that the request satisfies the
`requirements of § 42.123(a) because (1) it was made within one month of
`the date trial was instituted, and (2) the supplemental information it seeks to
`submit is relevant to a claim for which trial was instituted because it relates
`to the public availability of prior art references relied upon in the instituted
`grounds. Id. Petitioner states that the supplemental information it seeks to
`submit will be similar in quantity and content to the evidence that is the
`subject of Petitioner’s pending motions to submit supplemental information
`in related cases IPR2018-00011 and IPR2018-00012. Id.
`Patent Owner opposes Petitioner’s request for authorization to file a
`motion to submit supplemental information because Petitioner has not
`identified the exact type or number of exhibits it seeks to submit. Id.
`In view of Petitioner’s representation that the supplemental
`information it seeks to submit is similar in quantity and content to the
`supplemental information it seeks to submit in IPR2018-00011 and
`IPR2018-00012, we grant Petitioner’s request for authorization to file a
`motion to submit supplemental information under 37 C.F.R. § 42.123(a) in
`each proceeding. We also authorize Patent Owner to file an opposition to
`Petitioner’s motion in each proceeding. Petitioner’s motion and Patent
`Owner’s opposition in each proceeding should specifically address the
`standard for granting a motion pursuant to 37 C.F.R. § 42.123(a), including
`what, if anything, Petitioner must show beyond the requirements set forth in
`37 C.F.R. § 42.123(a)(1) and (2). Pursuant to the parties’ agreement (see
`
`2
`
`
`
`IPR2018-00092, IPR2018-00094 (Patent 9,025,688 B2)
`IPR2018-00093, IPR2018-00095 (Patent 8,774,279 B2)
`
`Ex. 3001), Petitioner’s motion shall be filed no later than one week from the
`date of this order, Patent Owner’s opposition shall be filed no later than two
`weeks from the date of this order, and Petitioner’s motion and Patent
`Owner’s opposition in each proceeding shall be limited to ten (10) pages.
`We also authorize Petitioner to submit with its motion the proposed
`supplemental information, filed as exhibits in each proceeding. Such
`exhibits will not be considered part of the record unless later entered as
`evidence by explicit order of the Board.
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s request for authorization to file a motion
`
`to submit supplemental information is granted;
`
`FURTHER ORDERED that Petitioner shall file its motion in each
`proceeding no later than one week from the date of this order;
`
`FURTHER ORDERED that Patent Owner shall file its opposition in
`each proceeding no later than two weeks from the date of this order;
`
`FURTHER ORDERED that the motion and opposition in each
`proceeding shall be no longer than ten (10) pages;
`
`FURTHER ORDERED that any proposed supplemental information
`submitted as exhibits is provided merely for consideration of the motion for
`supplemental information, will not be entered as evidence of record, and
`shall not be cited in any paper, other than papers filed in accordance with
`this Order, unless later entered by explicit order of the Board; and
`
`FURTHER ORDERED that no reply by Petitioner is authorized at this
`time.
`
`
`3
`
`
`
`IPR2018-00092, IPR2018-00094 (Patent 9,025,688 B2)
`IPR2018-00093, IPR2018-00095 (Patent 8,774,279 B2)
`
`PETITIONER:
`Naveen Modi
`Joseph E. Palys
`Daniel Zeilberger
`Quadeer A. Ahmed
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`danielzeilberger@paulhastings.com
`quadeerahmed@paulhastings.com
`
`
`PATENT OWNER:
`Eugene T. Perez
`David A. Bilodeau
`Lynde F. Herzbach
`Michael T. Smith
`BIRCH, STEWART, KOLASCH & BIRCH, LLP
`etp@bskb.com
`dab@bskb.com
`lynde.herzbach@bskb.com
`michael.t.smith@bskb.com
`
`4
`
`
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