`571-272-7822
`
`Paper 9
`Date: December 10, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DELL INC.,
`ZTE (USA) INC.,
`AND
`ZTE CORPORATION,
`Petitioner,
`v.
`3G LICENSING S.A.,
`Patent Owner.
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`
`
`
`
`
`
`
`
`
`Before TERRENCE W. MCMILLIN, AMANDA F. WIEKER, MONICA S.
`ULLAGADDI, and RUSSELL E. CASS, Administrative Patent Judges.1
`CASS, Administrative Patent Judge.
`
`ORDER
`Granting Petitioner’s Request for Additional Briefing
`35 U.S.C. § 42.5; 37 C.F.R. § 42.108(c)
`
`
`
`
`
`
`1 This is not an expanded panel. A three-judge panel is assigned to each
`proceeding. The parties are not authorized to use this caption.
`
`
`
`
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`
`
`On November 23, 2020, Patent Owner filed a Preliminary Response to
`the Petition filed by Petitioner in each proceeding. See IPR2020-01157,
`Paper 8; IPR2020-01158, Paper 7; IPR2020-01159, Paper 7. On December
`7, 2020, Petitioner’s counsel requested approval to file a reply brief to the
`Preliminary Response in each proceeding. In the proposed reply brief,
`Petitioner requests an opportunity to address two issues.
`First, Petitioner requests an opportunity to address “an unforeseeable
`claim construction that Patent Owner presented and purported to use to
`distinguish several key pieces of prior art,” referencing pages 14–16 and 21–
`25 of the Preliminary Response. Second, Petitioner requests an opportunity
`to respond to “Patent Owner’s unforeseeable argument regarding the law
`that it contends prohibits certain disclosures related to technologies intended
`for future versions of a standard to be used to show obviousness,”
`referencing pages 28–29 of the Preliminary Response. Petitioner represents
`that Patent Owner opposes Petitioner’s request to file a reply brief.
`We have reviewed the record and find that good cause exists to grant
`Petitioner’s request for additional briefing, in this circumstance. We also
`find that granting the request will not delay the proceedings or be wasteful of
`the Board’s resources. Accordingly, we authorize Petitioner to file a reply
`brief, limited to five pages in length, due December 16, 2020. We also
`authorize Patent Owner to file a five page sur-reply, due December 23, 2020.
`The reply and sur-reply briefs are limited to the issues raised by Petitioner,
`as summarized above.
`Accordingly, it is:
`
`2
`
`
`
`IPR2020-01157 (Patent 7,274,933 B2)
`IPR2020-01158 (Patent 7,460,868 B2)
`IPR2020-01159 (Patent 7,596,375 B2)
`
`
`ORDERED that, no later than Wednesday, December 16, 2020,
`Petitioner is authorized to file a reply brief of not more than five pages to
`Patent Owner’s Preliminary Response, limited to the issues discussed in this
`Order; and it is
`FURTHER ORDERED that, no later than Wednesday, December 23,
`2020, Patent Owner is authorized to file a responsive sur-reply brief of not
`more than five pages limited to addressing the issues in Petitioner’s reply
`brief.
`
`
`For PETITIONER:
`
`Brian Buroker
`Paul Torchia
`Nathan Curtis
`GIBSON DUNN AND CRUTCHER
`bburoker@gibsondunn.com
`ptorchia@gibsondunn.com
`ncurtis@gibsondunn.com
`
`John Hutchins
`Chunhsi Mu
`Wesley Jones
`BANNER AND WITCOFF
`jhutchins@bannerwitcoff.com
`amu@bannerwitcoff.com
`wjones@bannerwitcoff.com
`
`For PATENT OWNER:
`
`Timothy Devlin
`DEVLIN LAW FIRM
`Td-ptab@devlinlawfirm.com
`
`
`3
`
`
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