` Entered: February 1, 2019
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RAYVIO CORPORATION,
`Petitioner,
`
`v.
`
`NITRIDE SEMICONDUCTORS CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2018-01141
`Patent 6,861,270 B2
`____________
`
`
`Before BARBARA A. BENOIT, FRANCES L. IPPOLITO, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Petitioner’s Motion to File Supplemental Information
`37 C.F.R. §§ 42.5(a), 42.123(a)
`
`
`
`
`
`
`IPR2018-01141
`Patent 6,861,270 B2
`
`
`Petitioner requested authorization to file a motion to submit
`supplemental information under 37 C.F.R. § 42.123(a) within one-month of
`our institution of trial. Paper 18. We authorized Petitioner to file the
`motion. Id. Petitioner filed a Motion to Submit Supplemental Information
`(Paper 19; “Mot.”) on January 17, 2019. Patent Owner did not file an
`opposition.
` Section 42.123(a) requires (1) that any party filing a motion to request
`supplemental information do so “within one month from the date the trial is
`instituted;” and (2) that “[t]he supplemental information must be relevant to
`a claim for which the trial has been instituted.” 37 C.F.R. § 42.123(a).
`Section 123(a) “does not connote the PTAB must accept supplemental
`information so long as it is timely and relevant.” Redline Detection, LLC v.
`Star Envirotech, Inc., 811 F.3d 435, 445 (Fed. Cir. 2015) (citation omitted).
`Our guiding principle in evaluating a motion to submit supplemental
`information is “to ensure the efficient administration of the Office and the
`ability of the Office to complete IPR proceedings in a timely manner. Id. at
`445 (citations and internal quotations omitted).
`In its Motion, Petitioner seeks to submit declarations by Ms.
`Katherine Zimmerman (Exhibits 1029 and 1030) and Dr. Eugene Fitzgerald
`(Exhibit 1033) related to the public availability of Exhibit 1007
`(“Stringfellow”) and Exhibit 1011 (“Solymar”), and updated certifications of
`translation (Exhibits 1031 and 1032) for Japanese references in Exhibits
`1005 and 1006. Patent Owner does not oppose Petitioner’s request.
`Petitioner has also served Patent Owner with Exhibits 1029–1033 on
`January 3, 2019. Mot. 1.
`
`
`
`2
`
`
`
`IPR2018-01141
`Patent 6,861,270 B2
`
`
`We determine that the supplemental information Petitioner seeks to
`submit in Exhibits 1029, 1030, and 1033 generally relates to the public
`accessibility of Stringfellow and Solymar, which is clearly relevant to
`Petitioner’s challenges that rely on these references as prior art. Further, we
`recognize that the certifications attesting to the accuracy of the translations
`of foreign references in Exhibits 1005 and 1006 are also relevant to
`Petitioner’s challenges, which rely on the English translations. Additionally,
`we note that the supplemental information does not change the grounds of
`unpatentability authorized in this proceeding. Also, if we allow the
`supplemental information into the record at this juncture, Patent Owner will
`have sufficient time to address the supplemental information before filing
`the deadline of its Patent Owner Response, due March 6, 2019. Paper 15.
`Accordingly, Petitioner’s Motion is GRANTED.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motion is granted and the supplemental
`information at Exhibits 1029–1033 are deemed filed.
`
`
`
`
`3
`
`
`
`IPR2018-01141
`Patent 6,861,270 B2
`
`PETITIONER:
`Russell Tonkovich
`Kevin Greenleaf
`Kenneth Jenq
`DENTONS US LLP
`russell.tonkovich@dentons.com
`kevin.greenleaf@dentons.com
`kenneth.jenq@dentons.com
`
`PATENT OWNER:
`
`Charles H. Sanders
`Jonathan M. Strang
`Christopher Henry
`LATHAM & WATKINS LLP
`charles.sanders@lw.com
`jonathan.strang@lw.com
`christopher.henry@lw.com
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
