`571-272-7822
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`Paper 7
`Entered: July 17, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EARLY WARNING SERVICES, LLC,
`Petitioner,
`
`v.
`
`WILLIAM GRECIA,
`Patent Owner.
`____________
`
`IPR2020-00763
`Patent 8,887,308 B2
`____________
`
`
`
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`Before MICHAEL W. KIM, JAMESON LEE, and MICHELLE N.
`WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`IPR2020-00763
`8,887,308 B2
`
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`On July 14, 2020, Early Warning Services, LLC (“Petitioner”) sent an
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`e-mail to the Board requesting authorization to file a reply to Patent Owner’s
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`Preliminary Response (Paper 6). Ex. 3001. In its e-mail, Petitioner
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`indicated that its reply would address Patent Owner’s contention regarding
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`whether Petitioner is time-barred under 35 U.S.C. § 315(b), and, more
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`specifically, Patent Owner’s contention regarding whether JP Morgan
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`Chase & Co. is a real party in interest and a privy. Ex. 3001. Petitioner
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`asserts that the parties have met and conferred on these issues, but they
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`“were unable to reach an agreement.” Id.
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`Petitioner’s request to file a reply to Patent Owner’s Preliminary
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`Response is granted. We also authorize Patent Owner to file a sur-reply.
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`We believe that additional briefing on the issues discussed above would be
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`beneficial to our analysis of the case.
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`Petitioner’s reply is limited to no more than three pages, and is due no
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`later than July 24, 2020. Patent Owner’s sur-reply is limited to no more than
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`three pages, and is due no later than July 31, 2020.
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`Accordingly, it is
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`ORDERED that Petitioner’s request to file a reply in this case is
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`granted. The reply is not to exceed three pages, and is due no later than
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`July 24, 2020; and
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`ORDERED that Patent Owner may a file sur-reply in response to
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`Petitioner’s reply. The sur-reply is not to exceed three pages, and is due no
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`later than July 31, 2020.
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`IPR2020-00763
`8,887,308 B2
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`PETITIONER:
`
`George C. Chen
`Cory G. Smith
`BRYAN CAVE LEIGHTON PAISNER LLP
`george.chen@bclplaw.com
`cory.smith@bclplaw.com
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`
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`PATENT OWNER:
`
`Isaac Rabicoff
`RABICOFF LAW LLC
`isaac@rabilaw.com
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