`571-272-7822
`
`
`
`
`Paper 33
`Entered: May 7, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ENERGYSOURCE MINERALS, LLC,
`Petitioner,
`
`v.
`
`TERRALITHIUM LLC,
`Patent Owner.
`
`
`IPR2019-01602
`Patent 9,650,555 B2
`
`IPR2019-01603
`Patent 9,644,126 B21
`
`
`
`
`Before HUBERT C. LORIN and GRACE KARAFFA OBERMANN,
`Administrative Patent Judges.
`
`LORIN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 This order addresses issues common to both cases; therefore, we issue a
`single order to be entered in each case. The parties are authorized to use this
`style heading when filing an identical paper in multiple proceedings,
`provided that such heading includes a footnote attesting that “the word-for-
`word identical paper is filed in each proceeding identified in the heading.”
`
`
`
`
`IPR2019-01602 (Patent 9,650,555 B2)
`IPR2019–01603 (Patent 9,644,126 B2)
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`The Board entered Final Written Decisions in IPR2019–01602 and
`IPR2019–01603 on March 15, 2021. Papers 32 and 31, respectively.
`Petitioner filed Requests for Rehearing on April 14, 2021. Papers 33 and 32,
`respectively.
`On May 3, 2021, the Board received a communication from Patent
`Owner stating, inter alia, that “Patent Owner TerraLithium LLC respectfully
`requests leave to file brief responses (limited to 7 pages) to Petitioner’s
`Requests for Rehearing [in IPR2019-01602 and IPR2019–01603]. The
`parties have met and conferred, and Petitioner opposes this request.” See
`Exhibit 3001. Patent Owner also indicates that the parties are available to
`discuss the matter by telephonic conference.
`We determine no conference call is necessary at this time. The Board
`issues this Order in both cases, which addresses Patent Owner’s request.
`We determine that a Reply from Patent Owner in each case may be
`helpful to the Board in deciding Petitioner’s Requests for Rehearing.
`Accordingly, we grant Patent Owner’s request for authorization to file
`a Reply to each of Petitioner’s Requests for Rehearing in IPR2019–01602
`(Paper 33) and IPR2019–01603 (Paper 32) subject to the conditions set forth
`below. We also grant Petitioner authorization to file a Sur–Reply to each of
`the Patent Owner’s Replies if it so wishes, subject to the conditions set forth
`below.
`
`
`
`2
`
`
`
`IPR2019-01602 (Patent 9,650,555 B2)
`IPR2019–01603 (Patent 9,644,126 B2)
`
`
`It is
`ORDERED that Patent Owner’s request for authorization to file
`Replies to Petitioner’s Requests for Rehearing is GRANTED. The Replies
`are limited to 7 pages and must be filed within ten business days from the
`date of this Order. The Replies filed pursuant to this Order shall be limited
`to arguments responsive to those presented in Petitioner’s Requests for
`Rehearing and may not include new evidence; and,
`FURTHER ORDERED that Petitioner is authorized to file Sur–
`Replies to Patent Owner’s Replies to Petitioner’s Requests for Rehearing.
`If filed, the Sur–Replies are limited to 7 pages and must be filed within ten
`business days from the date on which the Patent Owner’s Replies are filed.
`The Sur–Replies filed pursuant to this Order shall be limited to arguments
`responsive to those presented in Patent Owner’s Replies and may not include
`new evidence.
`
`
`
`
`
`
`3
`
`
`
`IPR2019-01602 (Patent 9,650,555 B2)
`IPR2019–01603 (Patent 9,644,126 B2)
`
`FOR PETITIONER:
`
`Shawn Dellegar
`David Sullivan
`Terry Watt shawn.
`dellegar@crowedunlevy.com
`david.sullivan@crowedunlevy.com
`terry.watt@crowedunlevy.com
`
`
`FOR PATENT OWNER:
`
`Justin L. Krieger
`Nicoletta M. Kennedy
`Troy Petersen
`Jennifer L. Blackburn
`jkrieger@kilpatricktownsend.com
`nkennedy@kilpatricktownsend.com
`tpetersen@kilpatricktownsend.com
`jblackburn@kilpatricktownsend.com
`
`4
`
`
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