`
`Trials@uspto.gov
`Tel: 571-272-7822 Entered: May 5, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`MOTION OFFENSE, LLC,
`Patent Owner.
`____________
`
`IPR2022-01311 (Patent 10,303,353 B1)
`IPR2022-01312 (Patent 10,613,737 B1)
`IPR2022-01313 (Patent 11,044,215 B1)1
`____________
`
`
`Before JEFFREY S. SMITH, JENNIFER S. BISK, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`BEAMER, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`1 This Order addresses the same issue for each of the above-identified proceedings.
`Therefore, we exercise our discretion to issue one order to be filed in each
`proceeding. The parties, however, are not authorized to use this style heading in
`any subsequent papers.
`
`
`
`
`
`IPR2022-01311 (Patent 10,303,353 B1)
`IPR2022-01312 (Patent 10,613,737 B1)
`IPR2022-01313 (Patent 11,044,215 B1)
`
`In response to a May 2, 2023 request from Patent Owner, a telephone
`conference was held May 3, 2023 to consider Patent Owner’s request for
`additional discovery pursuant to 37 C.F.R. § 42.51(b)(2)(i). Petitioner opposes this
`request. Having heard from the parties, we authorize briefing on whether it is
`“necessary in the interest of justice” to allow further discovery relating to any
`alleged relationship between Petitioner and Dropbox, Inc. (“Dropbox”). 35 U.S.C.
`§ 316(a)(5); see also 37 C.F.R. § 42.51(b)(2)(i) (“The moving party must show that
`such additional discovery is in the interests of justice . . . .”); Garmin International,
`Inc. v. Cuozzo Speed Techs. LLC, Case IPR2012-00001 (PTAB Mar. 5, 2013)
`(Paper 26) (precedential).
`
`ORDER
`
`Accordingly, it is hereby:
`ORDERED that Patent Owner may file a five(5)-page brief seeking
`additional discovery by Friday, May 12, 2023; and
` FURTHER ORDERED that Petitioner may file a five(5)-page brief in
`opposition by Tuesday, May 23, 2023.
`
`
`
`
`2
`
`
`
`IPR2022-01311 (Patent 10,303,353 B1)
`
`IPR2022-01312 (Patent 10,613,737 B1)
`IPR2022-01313 (Patent 11,044,215 B1)
`
`
`For PETITIONER:
`Naveen Modi
`Joseph Palys
`Phillip Citroen
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`phillipcitroen@paulhastings.com
`
`
`For PATENT OWNER:
`Timothy Devlin
`DEVLIN LAW FIRM LLC
`tdevlin@devlinlawfirm.com
`
`George Gordon
`ANDRW GORDON LAW FIRM, PLLC
`andrew@agordonlawfirm.com
`
`
`
`
`
`3
`
`
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