`571-272-7822 Entered: September 21, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`REACTIVE SURFACES LTD., LLP,
`Petitioner,
`
`v.
`
`TOYOTA MOTOR CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-01194
`Patent 9,193,873 B2
`____________
`Before SUSAN L. C. MITCHELL, CHRISTOPHER M. KAISER, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2018-01194
`Patent 9,193,873 B2
`
`
`
`Reactive Surfaces Ltd., LLP (“Petitioner”) requested authorization to file a
`reply to respond to statements made by Toyota Motor Corporation (“Patent
`Owner”) in its Preliminary Response concerning the exercise of our discretion
`under 35 U.S.C. § 325(d) to deny the Petition. Specifically, Petitioner states that it
`“objects to the accuracy of certain evidentiary assertions made by Patent Owner in
`support of the § 325(d) argument. Petitioner is of the position that, prior to the
`§ 325(d) argument being considered by the Patent Trial and Appeal Board
`(“Board”) in rendering its decision on institution, Petitioner should have an
`opportunity to rebut the § 325(d) argument in light of the evidentiary assertions
`made in support thereof.”
`Patent Owner opposes Petitioner’s request and “indicate[s] that, if the
`requested relief is granted, Patent Owner intends to seek authorization to file a
`sur-reply.”
`We have reviewed Patent Owner’s arguments raised under 35 U.S.C.
`§ 325(d), and will authorize further briefing from both parties on this issue.
`
`ORDER
`
`It is
`ORDERED that the Petitioner’s request to file a reply brief addressing
`Patent Owner’s arguments in its Preliminary Response concerning 35 U.S.C.
`§ 325(d) is granted;
`FURTHER ORDERED that Petitioner shall file such reply brief no later
`than October 5, 2018;
`FURTHER ORDERED that Petitioner’s reply brief shall be no more than
`five pages in length;
`
`
`
`2
`
`
`
`IPR2018-01194
`Patent 9,193,873 B2
`
`
`
`FURTHER ORDERED that Patent Owner’s request for a sur-reply brief to
`address arguments made in Petitioner’s reply brief is granted;
`FURTHER ORDERED that the Patent Owner shall file such sur-reply brief
`no later than October 19, 2018;
`FURTHER ORDERED that Patent Owner’s sur-reply brief shall be no more
`than five pages in length.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01194
`Patent 9,193,873 B2
`
`
`For PETITIONER:
`David O. Simmons
`IVC PATENT AGENCY
`dsimmons@ivcpatnentagency.com
`
`Jonathan D. Hurt
`McDANIEL & ASSOCIATES, P.C.
`jhurt@technologylitigators.com
`
`
`
`
`For PATENT OWNER:
`
`Joshua A. Lorentz
`Nicole S. Nan
`DINSMORE & SHOHL LLP
`Joshua.lorentz@dinsmore.com
`Nicole.nan@dinsmore.com
`
`
`
`
`
`
`
`
`4
`
`
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