`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 25
` Entered: September 11, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOBILE TECH, INC.,
`Petitioner,
`
`v.
`
`INVUE SECURITY PRODUCTS INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01138
`Patent 9,659,472 B2
`____________
`
`
`
`
`
`
`Before JUSTIN T. ARBES, STACEY G. WHITE, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2018-01138
`Patent 9,659,472 B2
`
`
`An Oral Hearing in this matter was held on August 29, 2019. During
`that hearing, we ordered the parties to meet and confer regarding the
`potential application of collateral estoppel to issues in this proceeding in
`light of prior decisions of the Board and the Federal Circuit regarding
`patents related to U.S. Patent No. 9,659,472 B2. On September 10, 2019,
`the parties sent an email to the Board (Ex. 3001) regarding their agreements
`and disagreements as to the application of collateral estoppel. 1
`As to the disagreements, the parties’ email included a section labeled
`“Where Parties Dispute That Any Estoppel Applies” stating that the parties
`dispute whether “collateral estoppel applies to the additional limitations
`added by dependent claims 2–10, 12–16, 18–24, 26–38, and 40–45.” Id.
`The Board would like to hear from the parties as to these areas of
`disagreement. Petitioner is authorized to file a brief of no more than ten
`pages explaining its views regarding the application of collateral estoppel to
`dependent claims 2–10, 12–16, 18–24, 26–38, and 40–45, due by no later
`than September 26, 2019. Patent Owner is authorized to then file a
`responsive brief of no more than ten pages, due by no later than October 10,
`2019. No additional evidence may be filed and no reply briefs are
`authorized.
`
`
`Accordingly, it is:
`ORDERED that the Petitioner is authorized to file, by September 26,
`2019, a brief of no more than ten pages regarding the application of
`
`
`1 There are other proceedings between the parties regarding related patents.
`We understand the parties’ statements as to collateral estoppel to be directed
`to only this proceeding, IPR2018-01138.
`2
`
`
`
`
`
`IPR2018-01138
`Patent 9,659,472 B2
`
`collateral estoppel to dependent claims 2–10, 12–16, 18–24, 26–38, and 40–
`45; and
`FURTHER ORDERED that Patent Owner is authorized to file, by
`October 10, 2019, a responsive brief of no more than ten pages.
`
`For PETITIONER:
`
`Alan Norman
`Anthony Blum
`David Jinkins
`Matthew Braunel
`Robert Gerlach
`THOMPSON COBURN LLP
`anorman@thompsoncoburn.com
`ablum@thompsoncoburn.com
`djinkins@thompsoncoburn.com
`mbraunel@thompsoncoburn.com
`rgerlach@thompsoncoburn.com
`
`
`
`For PATENT OWNER:
`
`Gregory Carlin
`David Moreland
`Warren Thomas
`MEUINER CARLIN & CURFMAN LLC
`gcarlin@mcciplaw.com
`dmoreland@mcciplaw.com
`wthomas@mcciplaw.com
`Trent Kirk
`
`
`INVUE SECURITY PRODUCTS INC.
`trentkirk@invue.com
`
`
`
`3
`
`
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