`Tel: 571-272-7822
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`Paper No. 6
`Entered: April 11, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`FUJIAN SANAN GROUP CO., LTD.,
`Petitioner,
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-00547
`Patent 8,120,057
`____________
`
`
`
`Before WILLIAM V. SAINDON, STACEY G. WHITE, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing Briefing on Patent Owner’s Motion for Additional Discovery
`37 C.F.R. §§ 42.20(b); 42.51(b)(2)
`
`
`
`IPR2018-00547
`Patent 8,120,057
`
`
`
`This proceeding is in its preliminary stage. Petitioner’s Petition
`
`(Paper 1) has been filed and accorded a filing date. Paper 5 (Notice of
`
`Accorded Filing Date). Patent Owner has yet to file (or waive) its
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`preliminary response.
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`On April 11, 2018, the panel held a conference call with the parties to
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`discuss Patent Owner’s request for authorization to file a motion for
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`additional discovery. Patent Owner alleges that one or more entities that
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`have been served with a complaint alleging infringement of the patent
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`challenged in the Petition may be a real party-in-interest, and Patent Owner
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`asserts that if such an entity is found to be a real party-in-interest, the
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`Petition may be time-barred. Patent Owner alleges that its discovery motion,
`
`if authorized, would allow the panel to have sufficient evidence to make the
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`appropriate determinations regarding the alleged real party-in-interest, which
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`would be a potentially case-dispositive issue. Upon discussion with the
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`parties, we authorized Patent Owner to file its Motion for Additional
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`Discovery by April 18th, containing no more than 10 pages, and Petitioner to
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`file its Opposition by April 25th, containing no more than 10 pages. No
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`reply was authorized at the time.
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`It is so ORDERED.
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`
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`
`
`
`
`2
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`
`
`IPR2018-00547
`Patent 8,120,057
`
`PETITIONER:
`
`Kia Freeman
`kfreeman@mccarter.com
`
`Brian Lemon
`blemon@mccarter.com
`
`PATENT OWNER:
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`David Cole
`dcole@paulweiss.com
`
`
`3
`
`
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