`
`Trials@uspto.gov Paper No. 7
`571-272-7822 Entered: June 28, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`BROADCOM CORPORATION,
`Patent Owner.
`________
`___________
`
`IPR2021-00468
`Patent 6,982,663
`____________
`
`
`Before MELISSA A. HAAPALA, Senior Lead Administrative Patent Judge,
`KRISTEN L. DROESCH and THOMAS L. GIANNETTI, Administrative
`Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2021-00468
`Patent 6,982,663
`
`
`
`Patent Owner’s Preliminary Response in this proceeding contains the
`
`following argument:
`To the extent Howard actually identifies a threshold at which
`the algorithm for generating the codeword changes, that
`threshold is 2k, not 2k+1. This is clear from the very text
`reproduced by Petitioner (if one disregards Petitioner's green
`annotations):
`
`
`
`Preliminary Response (Paper 8) at 42–43.
`
`The panel has determined that additional briefing on this argument
`would be helpful,
`
`It is, therefore,
`
`ORDERED that Petitioner shall submit a supplemental brief of not
`more than five pages addressing the argument appearing at pages 42–45 of
`Patent Owner’s Preliminary Response;
`
`FURTHER ORDERED that the supplemental brief is limited to the
`argument set forth on those pages of the Preliminary Response, specifically,
`the argument that “if a threshold exists in Howard, that threshold would be
`2k, not 2k+1” and the supporting evidence presented by Patent Owner;
`
`
`
`2
`
`
`
`IPR2021-00468
`Patent 6,982,663
`
`FURTHER ORDERED that, in its supplemental brief, Petitioner may
`
`provide further explanation for arguments presented in its Petition, but may
`not present any new arguments;
`
`FURTHER ORDERED that Petitioner should cite where in the
`Petition the arguments further explained in the supplemental brief were
`initially presented;
`
`FURTHER ORDERED that Petitioner’s supplemental brief is due ten
`days from the entry of this Order;
`
`FURTHER ORDERED that Patent Owner is authorized to file a reply
`brief of no more than five pages responding to Petitioner’s supplemental
`brief within ten days of being served with the supplemental brief; and
`
`FURTHER ORDERED that Petitioner’s supplemental brief and
`Patent Owner’s reply are limited to the record currently before us; no new
`evidence in any form is permitted.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2021-00468
`Patent 6,982,663
`
`PETITIONER:
`Harper Batts
`Chris Ponder
`Jeffrey Liang
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`hbatts@sheppardmullin.com
`cponder@sheppardmullin.com
`jliang@sheppardmullin.gom
`
`
`PATENT OWNER:
`
`Daniel Young
`Chad King
`ADSERO IP LLC d/b/a
`dyoung@adseroip.com
`chad@adseroip.com
`
`
`
`
`4
`
`
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