`571-272-7822 Date: April 9, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GARDNER DENVER, INC.,
`Petitioner,
`v.
`UTEX INDUSTRIES, INC.,
`Patent Owner.
`____________
`
`IPR2020-00333
`Patent US 10,428,949 B2
`____________
`
`
`
`Before ULRIKE W. JENKS and SCOTT A. DANIELS,
`Administrative Patent Judges.
`
`JENKS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`30-Day Extension of Time
`37 C.F.R. § 42.5
`
`
`
`IPR2020-00333
`Patent US 10,428,949 B2
`
`In an email communication on April 6, 2020, Patent Owner requested
`a 30-day extension to file their Patent Owner’s Preliminary Response.
`According to the CARES Act Notice,1 the Board “shall provide a 30-
`day extension of time” for a patent owner preliminary response in a trial
`proceeding under 37 C.F .R. § 42.107 upon “affirming that a filing due
`between, and inclusive of both, March 27, 2020 and April 30, 2020 was or
`may be delayed due to the COVID-19 outbreak.” CARES Act Notice 3. A
`delay “due to the COVID-19 outbreak” is defined as occurring “if a . . .
`patent owner . . . was personally affected by the COVID-19 outbreak,
`including, without limitation, through office closures, cash flow
`interruptions, inaccessibility of files or other materials, travel delays,
`personal or family illness, or similar circumstances, such that the outbreak
`materially interfered with timely filing.” Id. at 2.
`In its request, Patent Owner affirmed that Patent Owner’s counsel and
`retained experts have each been affected by the COVID-19 outbreak through
`office closures and other associated delays that have materially interfered
`with the timely filing of the Patent Owner’s Preliminary Response. Based on
`that representation, the due date for the Preliminary Response is extended by
`30 days.
`
`
`
`1 Pursuant to the authority under section 12004(a) of the Coronavirus Aid,
`Relief, and Economic Security Act, Pub. L. No. 116-136, ̲̲̲̲ ̲ Stat. ̲̲̲̲ ̲ (2020)
`(“CARES Act”), the Office issued the Notice of Waiver of Patent-Related
`Timing Deadlines under the Coronavirus Aid, Relief, and Economic
`Security Act (“CARES Act Notice”). The Cares Act Notice is available at
`https://www.uspto.gov/about-us/news-updates/uspto-announces-extension-
`certain-patent-and-trademark-related-timing.
`
`2
`
`
`
`IPR2020-00333
`Patent US 10,428,949 B2
`
`PETITIONER:
`
`Helena Kiepura
`Benjamin Behrendt
`KIRKLAND & ELLIS LLP
`helen.kiepura@kirkland.com
`Benjamin.behrendt@kirkland.com
`
`
`
`
`
`PATENT OWNER:
`
`Paul Morico
`Natalie Alfaro Gonzales
`BAKER BOTTS LLP
`paul.morico@bakerbotts.com
`natalie.gonzales@bakerbotts.com
`
`
`
`
`3
`
`
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