`571-272-7822
`
`
`Paper 41
`Entered: April 25, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PALO ALTO NETWORKS, INC., FORTINET, INC., and
`WATCHGUARD TECHNOLOGIES, INC.
`Petitioner,
`
`v.
`
`SELECTIVE TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00594
`Patent 8,111,629 B2
`____________
`
`
`Before KRISTEN L. DROESCH, and CHRISTOPHER M. KAISER,
`Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2018-00594
`Patent 8,111,629 B2
`A conference call was held on April 24, 2019, between counsel for the
`parties and Judge Droesch and Judge Kaiser. Counsel for Petitioner
`requested the conference call to seek authorization to late-file its Sur-reply to
`Patent Owner’s Reply to Petitioner’s Opposition to Patent Owner’s Motion
`to Amend.
`Counsel for Petitioner indicates that it served its Sur-Reply on Patent
`Owner on April 1, 2019, but that the Sur-Reply was not properly filed in the
`PTABE2E system. Counsel for Petitioner further indicates that Petitioner
`did not learn that the Sur-Reply was not properly filed until Patent Owner
`filed on April 16, 2019, its Response to the Petitioner’s Notice of Improper
`Arguments (Paper 38), which pointed out Petitioner’s failure to file.
`Counsel for Petitioner asserts that Patent Owner was not prejudiced because
`the Sur-Reply was timely served on Patent Owner.
`Patent Owner opposes Petitioner’s request. Counsel for Patent Owner
`requests, in the event Petitioner is authorized to late-file its Sur-Reply,
`authorization to amend its Response to Petitioner’s Notice of Improper
`Arguments.
`Contingent on a denial of Petitioner’s request to late-file its Sur-
`Reply, Petitioner also seeks authorization to strike Patent Owner’s late-filed
`Response to Petitioner’s Notice of Improper Arguments (Paper 37) and late-
`filed Opposition to Petitioner’s Motion to Exclude Patent Owner’s Evidence
`(Paper 38). Counsel for Patent Owner indicates that its papers were filed a
`few minutes after the deadline and contends that Petitioner was not
`prejudiced by the late-filed papers.
`
`2
`
`
`
`
`
`
`
`IPR2018-00594
`Patent 8,111,629 B2
`In the interest of a fully developed trial record, and because neither
`party was prejudiced by the late-filed papers, Petitioner’s request to late-file
`its Sur-reply to Patent Owner’s Reply to Petitioner’s Opposition to Patent
`Owner’s Motion to Amend is granted. Patent Owner’s corresponding
`request to file an Amended Response to Petitioner’s Notice of Improper
`Arguments also is granted. Patent Owner’s amended Response is limited to
`10 pages, and is due no later than April 30, 2019. Petitioner’s contingent
`request for authorization to strike Patent Owner’s Response to Petitioner’s
`Notice of Improper Arguments (Paper 37) and Opposition to Petitioner’s
`Motion to Exclude Patent Owner’s Evidence (Paper 38) is denied.
`We remind the parties that Patent Owner’s Response to Petitioner’s
`Notice of Improper Arguments should only be responsive to its
`corresponding paper, that is, Petitioner’s Notice of Improper Arguments.
`The Response to Petitioner’s Notice of Improper Arguments is not an
`opportunity to address arguments raised in other papers. Any arguments in
`the Response that are not responsive to Petitioner’s Notice of Improper
`Arguments may not be considered.
`ORDER
`
`Accordingly, it is
`ORDERED that Petitioner is authorized to late-file its Sur-reply to
`
`Patent Owner’s Reply to Petitioner’s Opposition to Patent Owner’s Motion
`to Amend; and
`
`3
`
`
`
`
`
`
`
`IPR2018-00594
`Patent 8,111,629 B2
`ORDERED that Patent Owner is authorized to file an amended
`Response to Petitioner’s Notice of improper arguments, limited to ten pages,
`by April 30, 2019.
`
`
`
`
`4
`
`
`
`
`
`
`
`
`
`IPR2018-00594
`Patent 8,111,629 B2
`For PETITIONER:
`
`Patrick D. McPherson
`Patrick Craig Muldoon
`David C. Dotson
`DUANE MORRIS LLP
`pdmcpherson@duanemorris.com
`pcmuldoon@duanemorris.com
`dcdotson@duanemorris.com
`
`James H. Hall
`BLANK ROME LLP
`jhall@blankrome.com
`
`
`
`For PATENT OWNER:
`
`Timothy Devlin
`DEVLIN LAW FIRM LLC
`tdevlin@devlinlawfirm.com
`
`Benjamin R. Johnson
`TOLER LAW GROUP, PC
`bjohnson@tlgiplaw.com
`
`
`
`5
`
`
`
`
`
`
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