`571.272.7822
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`
`
`
`
`Paper 16
`Entered: March 9, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DISH NETWORK L.L.C.,
`Petitioner,
`
`v.
`
`MULTIMEDIA CONTENT MANAGEMENT LLC,
`Patent Owner.
`____________
`
`IPR2019-01015
`Patent 8,799,468
`____________
`
`Before MICHELLE N. WORMMEESTER, MELISSA A. HAAPALA, and
`MATTHEW J. McNEILL, Administrative Patent Judges.
`
`McNEILL, Administrative Patent Judge.
`
`
`
`
`ORDER
`Expungement
`37 C.F.R. §§ 42.5, 42.71
`
`
`On December 13, 2019, Petitioner filed a Request for Rehearing of
`our Decision Denying Institution of IPR2019-01015. Paper 12. On January
`13, 2020, Patent Owner filed an Opposition to Petitioner’s Request for
`Rehearing. Paper 13.
`
`
`
`IPR2019-01015
`Patent 8,799,468
`
`
`Under 37 C.F.R. § 42.71, a party dissatisfied with a decision may file
`a request for rehearing, without prior authorization from the Board. The
`Trial Practice Guide states that the opposing party “should not file a
`response to a request for rehearing absent a request from the Board.”
`77 Fed. Reg. 48,755, 48,768 (Aug. 14, 2012).
`The Board did not request that Patent Owner file a response to
`Petitioner’s Request for Rehearing, nor did Patent Owner request permission
`to file its Opposition to Petitioner’s Request for Rehearing. Thus, Patent
`Owner’s Opposition is improper and shall be expunged. See 37 C.F.R.
`§ 42.7 (“The Board may expunge any paper . . . that is not authorized under
`this part.”).
`Accordingly, it is
`ORDERED that Patent Owner’s Opposition to Petitioner’s Request
`for Rehearing, Paper 13, shall be expunged from the record.
`
`
`
`
`
`2
`
`
`
`IPR2019-01015
`Patent 8,799,468
`
`For PETITIONER:
`
`Eliot Williams
`Hopkins Guy
`Ali Dhanani
`BAKER BOTTS L.L.P.
`Eliot.williams@bakerbotts.com
`Hop.guy@bakerbotts.com
`Ali.dhanani@bakerbotts.com
`
`For PATENT OWNER:
`
`Benjamin Johnson
`Jeffrey Toler
`TOLER LAW GROUP, PC
`bjohnson@tlgiplaw.com
`jtoler@tlgiplaw.com
`
`
`
`
`3
`
`