`571-272-7822
`
`Paper 18
`Date: January 3, 2022
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`BMW OF NORTH AMERICA, LLC AND MERCEDES-BENZ USA, LLC,
`Petitioner,
`v.
`STRAGENT, LLC,
`Patent Owner.
`
`IPR2021-00418 (Patent 10,031,790 B1)
`IPR2021-00419 (Patent 9,705,765 B2)1
`
`
`
`
`
`Before STACEY G. WHITE, DANIEL J. GALLIGAN, and
`JASON M. REPKO, Administrative Patent Judges.
`GALLIGAN, Administrative Patent Judge.
`
`ORDER
`Authorizing Additional Briefing on Rehearing
`37 C.F.R. §§ 42.5, 42.71(d)
`
`
`
`
`
`
`1 This Order applies to both cases. The parties may not use this style
`heading unless authorized.
`
`
`
`
`
`IPR2021-00418 (Patent 10,031,790 B1)
`IPR2021-00419 (Patent 9,705,765 B2)
`On July 19, 2021, we exercised discretion under 35 U.S.C. § 325(d)
`and denied institution of inter partes review in both of these cases.
`IPR2021-00418, Paper 12; IPR2021-00419, Paper 14. On August 18, 2021,
`BMW of North America, LLC and Mercedes-Benz USA, LLC (collectively,
`“Petitioner”) filed a Request for Rehearing of the decisions denying
`institution (IPR2021-00418, Paper 13; IPR2021-00419, Paper 15)
`(“Rehearing Request”) and also requested Precedential Opinion Panel (POP)
`review of the decisions (Ex. 3001, “POP Request”). In each case, the POP
`Request was denied on December 8, 2021, and the Rehearing Request was
`returned to us for consideration. IPR2021-00418, Paper 15;
`IPR2021-00419, Paper 17.
`On rehearing, we authorize the parties to file limited additional
`briefing in each of these cases as follows: (1) no later than January 14,
`2022, Petitioner may file a paper no longer than seven pages limited to
`addressing discretion to deny under 35 U.S.C. § 325(d); (2) no later than
`January 28, 2022, Patent Owner Stragent, LLC may file a responsive paper
`no longer than seven pages. No new evidence may be submitted.
`It is so ORDERED.
`
`
`2
`
`
`
`IPR2021-00418 (Patent 10,031,790 B1)
`IPR2021-00419 (Patent 9,705,765 B2)
`For PETITIONER:
`
`Lionel Lavenue
`David Reese
`Cory Bell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`Lionel.lavenue@finnegan.com
`David.reese@finnegan.com
`Cory.bell@finnegan.com
`
`James Glass
`Brett Watkins
`QUINN, EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`brettwatkins@quinnemanuel.com
`
`For PATENT OWNER:
`
`George Andrew Gordon
`ANDREW GORDON LAW FIRM, PLLC
`andrew@agordonlawfirm.com
`
`
`
`
`
`3
`
`
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