`571-272-7822 IPR2020-00583, Paper 13
` Date: August 17, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`v.
`VLSI TECHNOLOGY LLC,
`Patent Owner.
`____________
`
`IPR2020-00582 (Patent 7,292,485 B1)
` IPR2020-00583 (Patent 7,606,983 B2)1
`____________
`
`
`
`Before THU A. DANG, BART A. GERSTENBLITH, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`DECISION
`Granting Authorization for Petitioner to File a Preliminary Reply to
`Patent Owner’s Preliminary Response and
`Authorization for Patent Owner to File a Preliminary Sur-reply
`37 C.F.R. § 42.108(c)
`
`
`
`
`
`
`1 The parties are not authorized to use a multi-case caption.
`
`
`
`IPR2020-00582 (Patent 7,292,485 B1)
`IPR2020-00583 (Patent 7,606,983 B2)
`
`
`DISCUSSION
`The two above-captioned cases are among twelve related cases
`between the same parties. VLSI Technology Inc. (“Patent Owner”) has
`raised the issue of discretionary denial pursuant to 35 U.S.C. § 314(a) in
`each preliminary response. See, e.g., Intel Corp. v. VLSI Tech. LLC,
`IPR2020-00106, Paper 7 at 4–16 (PTAB Feb. 7, 2020) (Patent Owner’s
`Preliminary Response). On March 30, 2020, we granted a request by Intel
`Corporation (“Petitioner”) to file a preliminary reply and Patent Owner to
`file a preliminary sur-reply directed to the issue of discretionary denial
`pursuant to § 314(a) in IPR2020-00106 and six of the related cases for which
`Patent Owner had filed a preliminary response at the time. See id. at
`Paper 11. Subsequently, we authorized the same briefing in IPR2020-
`00498, IPR2020-00526, and IPR2020-00527. See, e.g., IPR2020-00498,
`Paper 12.
`Although the parties have not sought additional briefing in these two
`cases, the additional briefing has been helpful in the related cases noted
`above. Accordingly, we hereby authorize the same scope of additional
`briefing in the two present cases as set forth below.
`
`ORDER
`
`It is:
`ORDERED that Petitioner is authorized to reply to Patent Owner’s
`arguments directed to 35 U.S.C. § 314(a) in each of the above-captioned
`cases;
`FURTHER ORDERED that Petitioner’s preliminary reply, if any,
`shall be due by August 21, 2020, and shall be limited to a maximum of
`ten (10) pages in length; and
`
`2
`
`
`
`IPR2020-00582 (Patent 7,292,485 B1)
`IPR2020-00583 (Patent 7,606,983 B2)
`
`
`FURTHER ORDERED that Patent Owner may file a preliminary
`sur-reply to Petitioner’s preliminary reply in each of the above-captioned
`cases, due by August 28, 2020, and also limited to a maximum of
`ten (10) pages in length.
`
`
`
`
`
`3
`
`
`
`IPR2020-00582 (Patent 7,292,485 B1)
`IPR2020-00583 (Patent 7,606,983 B2)
`
`For PETITIONER:
`Yung-Hoon Ha
`Taeg Sang Cho
`WILMER, CUTLER, PICKERING, HALE AND DORR LLP
`Sam.ha@wilmerhale.com
`Tim.cho@wilmerhale.com
`
`
`For PATENT OWNER:
`Kenneth Weatherwax
`Bridget Smith
`Flavio Rose
`Edward Hsieh
`Parham Hendifar
`Patrick Maloney
`Jason Linger
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`smith@lowensteinweatherwax.com
`rose@lowensteinweatherwax.com
`hseih@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`linger@lowensteinweatherwax.com
`
`
`4
`
`
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