`
`
`
`
`
`
`
`
` Paper 23
`
`
`
` Entered: January 10, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`IEE SENSING, INC.,
`Petitioner,
`
`v.
`
`DELPHI TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00179
`Patent 8,500,194 B2
`____________
`
`
`
`Before HYUN J. JUNG, CARL M. DEFRANCO, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2018-00179
`Patent 8,500,194 B2
`
`
`In an email communication dated January 9, 2019, Petitioner requests
`
`authorization to file a sur-reply to “Patent Owner’s Reply in Support of its
`
`Contingent Motion to Amend Under 37 C.F.R. § 42.121” (Paper 21), as
`
`provided in the Trial Practice Guide Update. The email communication also
`
`states that the “parties have agreed to a sur-reply limited to 7 pages that is
`
`due 5 business days after authorization by the Board.”
`
`
`
`It is hereby:
`
`ORDER
`
`ORDERED that Petitioner is authorized to file a 7-page sur-reply to
`
`“Patent Owner’s Reply in Support of its Contingent Motion to Amend
`
`Under 37 C.F.R. § 42.121” as described in the Trial Practice Guide Update;
`
`FURTHER ORDERED that Petitioner must file its sur-reply within
`
`five business days of the date of entry of this Order; and
`
`FURTHER ORDERED that the parties may stipulate to another due
`
`date (but no later than January 29, 2019) for Petitioner’s sur-reply by filing a
`
`notice of the stipulation.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2018-00179
`Patent 8,500,194 B2
`
`PETITIONER:
`
`Frank A. Angileri
`Brian Doughty
`BROOKS CUSHMAN P.C.
`fangileri@brookskushman.com
`bdoughty@brookskushman.com
`
`
`PATENT OWNER:
`
`Jason R. Mudd
`Eric A. Buresh
`Mark C. Lang
`ERISE IP, P.A.
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
`mark.lang@eriseip.com
`
`
`
`
`
`
`3
`
`