`571-272-7822 Entered: November 16, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VIEWRAY, INC. and VIEWRAY TECHNOLOGIES, INC,
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.,
`Patent Owner.
`____________
`
`
`
`
`
`
`
`Case IPR2020-01251 (Patent 9,082,520)
`Case IPR2020-01403 (Patent 9,082,520)
`Case IPR2020-01465 (Patent 8,637,841)1
`____________
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`
`BAER, Administrative Patent Judge.
`
`
`
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`IPR2020-01251 (Patent 9,082,520)
`IPR2020-01403 (Patent 9,082,520)
`IPR2020-01465 (Patent 8,637,841)
`
`
`On November 10, 2020 Petitioner and Patent Owner jointly moved to
`extend the filing deadlines for Patent Owner’s preliminary responses and to
`stay IPR proceedings IPR2020-01251, IPR2020-01403, and IPR2020-01465
`(the “Proceedings”) to June 30, 2021. Paper 7, 12. In their motion, the
`parties explain that good cause exists for delaying Patent Owner’s
`preliminary responses because Patent Owner has entered into a definitive
`agreement to be acquired by a third party who has agreed to dismiss the
`parallel district court action with prejudice and grant Petitioner a license to
`the challenged patents. Id. at 4. In return, Petitioner will seek termination of
`these Proceedings. Id.
`We agree with the parties that delaying the filing deadlines for Patent
`Owner’s preliminary responses will likely avoid wasting the Board’s and
`parties’ limited resources.
`It is therefore:
`
`ORDERED that the deadline for Patent Owner’s preliminary
`responses in IPR2020-01251, IPR2020-01403, and IPR2020-01465 is set to
`June 30, 2021; and
`FURTHER ORDERED that the parties must notify the Board within
`14 days if the transaction either fails or closes before June 30, 2021.
`
`
`
`
`
`
`
`
`2 We cite to the record in IPR2020-01251. Parallel papers were filed in
`IPR2020-01403 and IPR2020-01465.
`2
`
`
`
`
`
`IPR2020-01251 (Patent 9,082,520)
`IPR2020-01403 (Patent 9,082,520)
`IPR2020-01465 (Patent 8,637,841)
`
`PETITIONER:
`
`Howard Wisnia
`WISNIA PC
`howard@wisnialaw.com
`
`James Conley
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`james.conley@pillsburylaw.com
`
`
`PATENT OWNER:
`
`Harper Batts
`Chris Ponder
`Jeffrey Liang
`RICHTER & HAMPTON LLP
`hbatts@sheppardmullin.com
`cponder@sheppardmullin.com
`jliang@sheppardmullin.com
`
`
`
`
`3
`
`
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