`571.272.7822
`
`Paper No. 24
`Entered: December 18, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SZ DJI TECHNOLOGY CO., LTD.
`Petitioner,
`v.
`AUTEL ROBOTICS USA LLC,
`Patent Owner.
`
`IPR2019-00343
`Patent 9,260,184 B2
`
`
`
`
`
`
`
`
`
`
`Before JENNIFER MEYER CHAGNON and AVELYN M. ROSS,
`Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing Patent Owner’s Motion to Submit Supplemental Information
`37 C.F.R. §§ 42.5, 42.123(b)
`
`
`
`
`
`
`
`
`IPR2019-00343
`Patent 9,260,184 B2
`
`
`A conference call in this proceeding was held on December 18, 2019,
`including Judges Chagnon and Ross, as well as counsel for both parties. The
`purpose of the call was to discuss Patent Owner’s request for authorization
`to file a motion to submit supplemental information under 37 C.F.R.
`§ 42.123(b). Patent Owner explained that the supplemental information it
`seeks to submit is cross-examination testimony of both parties’ experts in an
`International Trade Commission investigation involving U.S. Patent
`No. 9,260,184. Petitioner opposes the request. Based on the information
`discussed during the call, the Board determines additional briefing would be
`helpful in making a decision with respect to the supplemental information.
`Accordingly, we grant Patent Owner’s request to file a motion to
`submit supplemental information under 37 C.F.R. § 42.123(b). Petitioner
`may file an opposition. No reply is authorized. The parties are reminded
`that this authorization to file the motion does not necessarily mean the
`motion will be granted nor that the evidence will be considered.
`We also discussed the timing of Patent Owner’s sur-reply brief, which
`the parties currently have stipulated has a due date of December 30, 2019.
`See Paper 20. This deadline remains unchanged. Should the Board grant
`Patent Owner’s motion to submit supplemental information, details
`regarding an opportunity to comment on the evidence will be provided.
`
`It is
`ORDERED that Patent Owner’s sur-reply to Petitioner’s reply is due
`December 30, 2019;
`
`2
`
`
`
`IPR2019-00343
`Patent 9,260,184 B2
`
`
`ORDERED that Patent Owner is authorized to file a motion to submit
`supplemental information under 37 C.F.R. § 42.123(b). Patent Owner’s
`motion is limited to five (5) pages and is due by December 23, 2019;
`FURTHER ORDERED that Petitioner’s opposition is limited to
`five (5) pages and is due by December 31, 2019;
`FURTHER ORDERED that the supplemental information that is the
`subject of Patent Owner’s motion shall be submitted as one or more
`exhibit(s) with the motion; and
`FURTHER ORDERED that the supplemental information exhibit(s)
`shall not be cited in any papers other than the motion and opposition being
`authorized by this Order, unless and until the motion is granted or leave to
`do so is otherwise granted.
`
`
`
`3
`
`
`
`IPR2019-00343
`Patent 9,260,184 B2
`
`For PETITIONER:
`
`Lori Gordon
`Steven Peters
`KING & SPALDING LLP
`lgordon@kslaw.com
`speters@kslaw.com
`
`
`For PATENT OWNER:
`
`Timothy Bickham
`Matthew Bathon
`John Abramic
`Katherine Johnson
`Harold Fox
`Katherine Cappaert
`STEPTOE & JOHNSON LLP
`tbickham@steptoe.com
`mbathon@steptoe.com
`jabramic@steptoe.com
`kjohnson@steptoe.com
`hfox@steptoe.com
`kcappaert@steptoe.com
`
`
`4
`
`
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