`571.272.7822
`
`
`
`
`
`
` Paper No. 10
` Entered: May 31, 2019
`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`____________
`
`RIMFROST AS.,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`Case No. IPR2018-01730
`Patent 9,072,752 B2
`____________
`
`
`
`Before TINA E. HULSE and JOHN E. SCHNEIDER, Administrative Patent
`Judges.
`
`SCHNEIDER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5 and 42.121(a)
`
`
`
`
`
`
`
`
`IPR2018-01730
`Patent 9,072,752 B2
`
`On May 30, 2019, a conference call was held among counsel for the
`
`parties and Judges Hulse and Schneider to discuss general guidance for
`
`motions to amend.
`
`We explained that the requirements for a motion to amend are set
`
`forth in 37 C.F.R. § 42.121. We referred the parties to that rule and to the
`
`Memorandum re: Guidance on Motions to Amend in view of Aqua Products
`
`(Nov. 21, 2017) (available at https://www.uspto.gov/sites/default/files/
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`documents/guidance_on_motions_to_amend_11_2017.pdf).
`
`We also referred the parties to additional guidance on motions to
`
`amend discussed in the following precedential cases: Lectrosonics, Inc. v
`
`Zaxcom, Inc., Case IPR2018-01129, 01130 (PTAB Feb. 25, 2019)
`
`(Paper 15) (precedential), and Amazon.com, Inc. v. Uniloc Luxembourg S.A.,
`
`Case IPR2017-00948 (PTAB Jan. 18, 2019) (Paper 34) (precedential).
`
`Furthermore we explained, as set forth in 37 C.F.R. § 42.24, that
`
`Patent Owner’s motion to amend and Petitioner’s opposition are each
`
`limited to twenty-five pages. 37 C.F.R. §§ 42.24(a)(1)(vi), 42.24(b)(3).
`
`Patent Owner’s reply and Petitioner’s sur-reply are limited to twelve pages.
`
`Id. § 42.24(c)(3). Pursuant to the Scheduling Order, the papers are currently
`
`due on June 17, September 16, October 15, and November 15, 2019,
`
`respectively. Paper 8. If the parties wish to stipulate to different deadlines,
`
`the parties may do so. Id. at 5 (“The parties may stipulate to different dates
`
`for DUE DATES 1 through 5 (earlier or later, but no later than DUE DATE
`
`6).”).
`
`
`
`
`
`2
`
`
`
`IPR2018-01730
`Patent 9,072,752 B2
`
`
`
`
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the conference requirement under 37 C.F.R.
`
`§ 42.121(a) is hereby satisfied.
`
`
`PETITIONER:
`
`James F. Harrington
`Michael I. Chakansky
`Ronald J. Baron
`John T. Gallagher
`HOFFMANN & BARON, LLP
`jfhdocket@hbiplaw.com
`mchakansky@hbiplaw.com
`rbaron@hbiplaw.com
`jgallagher@hbiplaw.com
`jtgdocket@hbiplaw.com
`
`
`PATENT OWNER:
`
`David A. Casimir
`J. Mitchell Jones
`CASIMIR JONES S.C.
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`docketing@casimirjones.com
`
`
`
`
`
`3
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`
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