`Trials@uspto.gov
`571-272-7822 Entered: July 24, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`VF OUTDOOR, LLC,
`Petitioner,
`v.
`COCONA, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00190
`Patent 8,945,287 B2
`____________
`
`Before KRISTINA M. KALAN, CHRISTOPHER M. KAISER, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R § 42.5
`
`
`
`
`
`
`IPR2018-00190
`Patent 8,945,287 B2
`
`
`A conference call was held on June 23, 2019, among counsel for the
`parties and Judges Kalan, Kaiser, and Roesel. The Board convened the
`conference to discuss Patent Owner’s request for authorization to file an
`opposition to Petitioner’s Request for Rehearing (Paper 51), and Petitioner’s
`request for authorization to file a reply to any opposition filed by Patent
`Owner.
`Patent Owner requested authorization to file an opposition to
`Petitioner’s Request for Rehearing to address Petitioner’s arguments about
`claim construction with respect to Ground 2 and Ground 4, and to address
`the submission and characterization of new evidence submitted by
`Petitioner. Patent Owner asserts that good cause exists for permitting an
`opposition, because the Petitioner’s claim construction arguments and new
`evidence raise new issues, and because the Board would benefit from
`additional briefing on these matters. Petitioner disagreed with Patent
`Owner’s characterization of these issues as new, but stated that it was not
`opposed to Patent Owner filing an opposition, so long as Petitioner could file
`a reply. Patent Owner requested ten pages for its opposition, and Petitioner
`requested five pages for its reply.
`Having considered Petitioner’s and Patent Owner’s contentions, we
`determine good cause exists to support Patent Owner’s request for an
`opposition to Petitioner’s Request for Rehearing, to address the issues set
`forth therein. We note the parties’ representations that they agreed in
`principle to most aspects of their requests for briefing prior to our call.
`
`
`
`
`
`2
`
`
`
`IPR2018-00190
`Patent 8,945,287 B2
`
`
`ORDER
`
`Accordingly, it is:
`ORDERED that Patent Owner’s request for leave to file a ten-page
`opposition to Petitioner’s Request for Rehearing is granted, and that the
`opposition shall be filed no later than August 6, 2019;
`FURTHER ORDERED that Petitioner may file a five-page reply to
`Patent Owner’s opposition, and that the reply shall be filed no later than
`August 20, 2019; and
`FURTHER ORDERED that no new evidence or exhibits are
`permitted in connection with the respective opposition and reply.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00190
`Patent 8,945,287 B2
`
`
`
`FOR PETITIONER:
`Andrew Larsen
`Kathleen Ott
`Marianne Timm-Schreiber
`MERCHANT & GOULD P.C.
`alarsen@merchantgould.com
`kott@merchantgould.com
`mtimm-schreiber@merchantgould.com
`
`FOR PATENT OWNER:
`Jason Jackson
`Jacob Song
`KUTAK ROCK LLP
`jason.jackson@kutakrock.com
`jacob.song@kutakrock.com
`
`
`
`4
`
`
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