`571-272-7822
`
`Paper 23
`Entered: March 22, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`10X GENOMICS, INC.,
`Petitioner,
`v.
`NANOSTRING TECHNOLOGIES, INC.,
`Patent Owner.
`
`IPR2023-01298 (Patent 11,377,689 B2)
` IPR2023-01300 (Patent 11,473,142 B2)1
`
`
`
`
`
`
`
`
`
`
`Before SUSAN L. C. MITCHELL, DEVON ZASTROW NEWMAN, and
`JAMIE T. WISZ, Administrative Patent Judges.
`NEWMAN, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`Suspending Deadlines Due to Bankruptcy Stay
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 This Order addresses issues common to both cases. Therefore, we exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`IPR2023-01298 (Patent 11,377,689 B2)
`IPR2023-01300 (Patent 11,473,142 B2)
`
`
`Background
`Petitioner filed a Petition for inter partes review in IPR2023-01298 on
`August 16, 2023. IPR2023-01298, Paper 2. Trial was instituted on
`February 1, 2024. Id., Paper 14.
`Petitioner filed a Petition for inter partes review in IPR2023-01300 on
`September 25, 2023. IPR2023-01300, Paper 2. We have not yet issued a
`decision whether to institute in IPR2023-01300.
`On February 4, 2024, Patent Owner filed a petition for relief under
`chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court
`for the District of Delaware (the “Bankruptcy Court”). See IPR2023-01298,
`Paper 16, 1; IPR2023-01300, Paper 8, 1.
`In IPR2023-01300, Patent Owner was authorized to file a sur-reply
`opposing institution of inter partes review on or before February 9, 2023
`(Ex. 3001), but had not yet filed the brief when bankruptcy proceedings
`commenced. Patent Owner’s deadline for filing the sur-reply was ultimately
`extended until March 25, 2025. IPR2023-01300, Ex. 3003.
`On March 14, 2024, the Bankruptcy Court issued an Order
`Confirming, Restating and Enforcing the Protections of Section 362 of the
`Bankruptcy Code with respect to Inter Partes Review Proceedings.
`IPR2023-01298, Ex. 2003; IPR2023-01300, Ex. 2004. The order states that
`actions stayed by Patent Owner’s commencement of Chapter 11 cases
`“include, but are not limited to, IPR2023-10982 and IPR2023-1300 (the ‘10x
`IPR Proceedings’).” The Order also states that “[n]o exception to the
`automatic stay applies to the 10x IPR Proceedings.” Id. at 2.
`
`
`2 We understand this IPR number to be a typographical error and to refer to
`IPR2023-1298.
`
`2
`
`
`
`IPR2023-01298 (Patent 11,377,689 B2)
`IPR2023-01300 (Patent 11,473,142 B2)
`
`
`In view of the foregoing, it is
`ORDERED that all deadlines in IPR2023-01298 are suspended and
`that IPR2023-01298 is stayed until Chapter 11 proceedings in the
`Bankruptcy Court and any related appeals conclude or until the Board
`receives notice that the Bankruptcy Court has lifted the stay with respect to
`IPR2023-01298;
`ORDERED that all deadlines in IPR2023-01300 are suspended and
`that IPR2023-01300 is stayed until Chapter 11 proceedings in the
`Bankruptcy Court and any related appeals conclude or until the Board
`receives notice that the Bankruptcy Court has lifted the stay with respect to
`IPR2023-01300;
`FURTHER ORDERED that Patent Owner shall provide the Board
`with a status report on the bankruptcy proceedings by email to
`Trials@uspto.gov every thirty (30) days hereafter until ordered otherwise in
`these proceedings; and
`FURTHER ORDERED that Petitioner shall file as exhibits in these
`proceedings any filings in the Bankruptcy Court related to whether relief is
`granted from the bankruptcy stay for either IPR2023-01298 or IPR2023-
`01300 or that otherwise relate to or address IPR2023-01298 or IPR2023-
`01300. Petitioner shall make such filings in these proceedings no more than
`five (5) business days after the filings are made, or the opinions or orders are
`entered, in the Bankruptcy Court.
`
`3
`
`
`
`IPR2023-01298 (Patent 11,377,689 B2)
`IPR2023-01300 (Patent 11,473,142 B2)
`
`FOR PETITIONER:
`David H. Holman
`Pratibha Khanduri
`Robert Greene Sterne
`Gaby L. Longsworth
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dholman-ptab@sternekessler.com
`pkhanduri-ptab@sternekessler.com
`rsterne-ptab@sternekessler.com
`glongs-ptab@sternekessler.com
`
`
`FOR PATENT OWNER:
`Derek C. Walter
`Christopher M. Pepe
`WEIL, GOTSHAL & MANGES LLP
`derek.walter@weil.com
`christopher.pepe@weil.com
`
`
`4
`
`
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