`Trials@uspto.gov
`571-272-7822 Entered: October 15, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`
`
`
`Petitioner,
`
` v.
`
`VLSI TECHNOLOGY LLC,
`
`Patent Owner.
`____________
`
`Case IPR2018-01038
`Patent 8,566,836 B2
`____________
`
`
`
`
`
`Before BART A. GERSTENBLITH, MINN CHUNG, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Conduct of the Proceedings
` 37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2018-01038
`Patent 8,566,836 B2
`
`
`I.
`
`INTRODUCTION
`
`During a conference call on September 26, 2018, we authorized
`
`Petitioner to file a Reply to Patent Owner’s Preliminary Response1 to
`
`respond to assertions that the Petition contains statements about the
`
`Finkelstein reference (Ex. 1004) that are allegedly inconsistent with
`
`statements Petitioner made about Finkelstein during prosecution of U.S.
`
`Patent Application No. 13/830,157 (“the ’157 application”). See Paper 13.
`
`Petitioner filed its Reply (“Reply Brief”) on October 3, 2018. Paper 14.
`
`On October 4, 2018, Patent Owner requested authorization to file a
`
`sur-reply to Petitioner’s Reply Brief. A conference call was held on
`
`October 5, 2018 between Judges McGraw, Gerstenblith, Chung, and counsel
`
`for the parties.
`
`Having reviewed the record and considered the parties’ positions, we
`
`are persuaded that Patent Owner has shown good cause justifying the filing
`
`of a sur-reply. See 37 C.F.R. § 42.108(c). Accordingly, we grant Patent
`
`Owner’s request for authorization to file a sur-reply. The sur-reply is limited
`
`three pages and may only respond to Petitioner’s Reply Brief. No new
`
`evidence may be submitted.2
`
`
`
`
`
`
`
`1 Both parties agree that Paper 10, which is titled “Corrected Patent Owner
`VLSI Technology LLC’s Preliminary Response to Petition for Inter Partes
`Review of Untied States Patent No. 8,566,836,” should be considered as
`Patent Owner’s Preliminary Response.
`2 Counsel for Patent Owner explained during the conference call that Patent
`Owner did not seek to file new evidence with its requested sur-reply.
`
`2
`
`
`
`IPR2018-01038
`Patent 8,566,836 B2
`
`
`II. ORDER
`
`In consideration of the foregoing, it is hereby
`
`ORDERED that Patent Owner’s request for authorization to file a sur-
`
`reply to Petitioner’s Reply to Patent Owner’s Preliminary Response is
`
`granted;
`
`FURTHER ORDERED that the sur-reply is limited to three pages and
`
`shall be filed by October 12, 2018; and
`
`FURTHER ORDERED that no additional evidence may be submitted
`
`in connection with the sur-reply.
`
`
`
`
`
`3
`
`
`
`IPR2018-01038
`Patent 8,566,836 B2
`
`
`PETITIONER:
`
`Evelyn Mak
`Evelyn.mak@wilmerhale.com
`
`Donald Steinberg
`Don.steinberg@wilmerhale.com
`
`Dominic Massa
`Dominic.massa@wilmerhale.com
`
`
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`Edward Hsieh
`hsieh@lowensteinweatherwax.com
`
`Parham Hendifar
`hendifar@lowensteinweatherwax.com
`
`
`4
`
`
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