`571.272.7822
`
` Paper No. 45
`
` Entered: February 15, 2022
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`THORNE RESEARCH, INC.,
`Petitioner,
`
`v.
`
`TRUSTEES OF DARTMOUTH COLLEGE,
`Patent Owner.
`____________
`
`Case No. IPR2021-00268
`Patent 8.383,086 B2
`____________
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5 and 42.121(a)
`
`
`
`
`
`
`
`
`
`Before SUSAN L.C. MITCHELL, ROBERT J. POLLOCK, and
`JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`SCHNEIDER, Administrative Patent Judge.
`
`
`
`
`
`
`IPR2021-00268
`Patent 8,383,086 B2
`On January 18, 2022, Patent Owner filed an authorized Motion to
`Submit Supplemental Information. (Paper 37). The Supplemental
`Information consists of declarations of Drs. Brenner and Bieganowski that
`address statements Dr. Brenner made in a podcast cited in Petitioner’s
`Reply. At our direction, Patent Owner provided copies of declarations for in
`camera review. See Ex. 3001.
`Petitioner submitted a Reply to Patent Owner’s motion (Paper 40) on
`January 26, 2022, and Patent Owner filed a reply on January 28, 2022.
`(Paper 42).
`On January 25, 2022, at the request of Patent Owner, a conference
`call was held between the panel and counsel for the parties. Among the
`items addressed in the conference call was Petitioner’s request to submit a
`declaration from its expert to address issues raised in the declarations of Drs.
`Brenner and Bieganowski. In an email to the parties, we denied Petitioner’s
`request to file a rebuttal declaration with the Opposition but stated that
`Petitioner may file a Motion to file Supplemental Information to address the
`Declarations of Dr. Brenner and Bieganowski if and when the Panel grants
`Patent Owner’s Motion to Submit Supplemental information. Ex. 3002.
`We have considered the arguments presented by the parties and find
`that in the interests of fairness, we should grant Patent Owner’s motion.
`Patent Owner is hereby authorized to submit the declarations of
`Drs. Brenner and Bieganowski as supplemental information. The
`declarations are to be filed no later than 5 days from the date of this order.
`Petitioner is authorized to file a Motion to Submit Supplemental
`Information. The supplemental information shall be limited to a declaration
`by its expert addressing the new declarations submitted by Drs. Brenner and
`Bieganowski. The motion shall be filed within five days of Patent Owner’s
`
`2
`
`
`
`IPR2021-00268
`Patent 8,383,086 B2
`filing of the declarations of Drs. Brenner and Bieganowski and shall be no
`more than 10 pages. Patent Owner is authorized to file an Opposition,
`limited to 10 pages, within 5 days of Petitioner filing its motion. Petitioner is
`authorized to file a reply within 5 days of Patent Owner filing its opposition.
`The reply shall be limited to 5 pages.
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Patent Owner’s Motion to Submit Supplemental
`information is granted;
`
`FURTHER ORDERED that Patent Owner shall submit the
`supplemental information within 5 days of this order: and
`
`FURTHER ORDERED that Petitioner is authorized to file a Motion
`to Submit Supplemental Information of no more than 10 pages within 5 days
`of Patent Owner submitting its supplemental information; and
`
`FURTHER ORDERED that Patent Owner is authorized to file an
`opposition of no more than 10 pages within 5 days of Petitioner filing its
`motion; and
`
`FURTHER ORDERED that Petitioner is authorized to file a reply of
`no more than 5 pages within 5 days of Patent Owner filing its opposition.
`
`
`
`3
`
`
`
`IPR2021-00268
`Patent 8,383,086 B2
`For PETITIONER:
`Michael T. Rosato
`Lora M. Green
`Tasha M. Thomas
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`lgreen@wsgr.com
`tthomas@wsgr.com
`
`
`For PATENT OWNER:
`John L. Abramic
`Jamie L. Lucia
`Benjamin R. Holt
`STEPTOE & JOHNSON LLP
`jabramic@steptoe.com
`jlucia@steptoe.com
`bholt@steptoe.com
`
`
`
`4
`
`
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