`571-272-7822
`
`
`
`
`
`
`Paper 11
`Date: January 21, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LEE SPECIALTIES, INC.,
`Petitioner,
`
`v.
`
`FHE USA LLC,
`Patent Owner.
`
`____________
`
`IPR2019-01366
`Patent 10,030,461 B2
`____________
`
`
`
`
`Before JAMES A. TARTAL, MICHAEL L. WOODS, and
`SEAN P. O’HANLON, Administrative Patent Judges.
`
`O’HANLON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2019-01366
`Patent 10,030,461 B2
`
`
`I. INTRODUCTION
`A conference call in this proceeding was held on January 21, 2020,
`
`among counsel for Petitioner Lee Specialties, Inc. (Greg Webb), counsel for
`Patent Owner FHE USA LLC (Douglas Nemec), and Judges Tartal, Woods,
`and O’Hanlon. The purpose of the call was to address Petitioner’s request to
`file documents from the district court litigation involving the ’461 patent.
`During the conference call, we granted Petitioner’s request.
`
`II. DISCUSSION
`Petitioner requests to submit: 1) an order on the joint motion to
`
`dismiss with prejudice, filed as document 37 in the Louisiana litigation,1 and
`2) an order cancelling the Markman hearing, filed as document 63 in the
`Texas litigation.2 During the conference call, Petitioner indicated that it did
`not seek to file any comments or arguments along with the trial documents,
`and Patent Owner indicated that it did not oppose the filing of the two trial
`documents.
`
`Given the lack of dispute, and as we indicated during the conference
`call, Petitioner’s request is granted. Petitioner is authorized to file as
`exhibits the two trial documents identified above. Petitioner is not
`authorized to submit any arguments or other comments, and no other filing
`is authorized. Petitioner’s filing is due by Wednesday, January 22, 2020.
`
`
`1 FHE USA LLC v. Express Supply & Rental LLC, No. 6-18-cv-00913 (W.D.
`La. filed July 12, 2018).
`2 FHE USA LLC v. Lee Specialties Inc., No. 5-18-cv-00715 (W.D. Tex. filed
`July 12, 2018).
`
`2
`
`
`
`IPR2019-01366
`Patent 10,030,461 B2
`
`
`III. ORDER
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s request for authorization to file an order
`
`on the joint motion to dismiss with prejudice, filed as document 37 in the
`Louisiana litigation, and an order cancelling the Markman hearing, filed as
`document 63 in the Texas litigation, is granted; and
`
`FURTHER ORDERED that Petitioner shall file copies of the two trial
`documents as exhibits by Wednesday, January 22, 2020.
`
`3
`
`
`
`IPR2019-01366
`Patent 10,030,461 B2
`
`For PETITIONER:
`Gregory P. Webb
`Dustin Johnson
`Russ Emerson
`Don Tiller
`Haynes and Boone, LLP
`Greg.Webb.ipr@haynesboone.com
`Dustin.Johnson.ipr@haynesboone.com
`Russ.Emerson@haynesboone.com
`don.tiller@dtillerlawpllc.com
`For PATENT OWNER:
`Douglas R. Nemec
`Rachel R. Blitzer
`Christopher B. McKinley
`Skadden, Arps, Slate, Meagher & Flom LLP
`douglas.nemec@skadden.com
`rachel.blitzer@skadden.com
`christopher.mckinley@skadden.com
`
`4
`
`
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