`
`Paper: 35
`Entered: June 13, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BESTWAY (USA), INC.,
`Petitioner,
`
`v.
`
`INTEX MARKETING LTD.,
`Patent Owner.
`____________
`
`Case PGR2017-00003
`Patent 9,254,240 B2
`____________
`
`
`
`Before KEN B. BARRETT, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding;
`Request to File Motion for Supplemental Information
`37 C.F.R. §§ 42.5, 42.223
`
`
`
`
`
`PGR2017-00003
`Patent 9,254,240 B2
`
`
`On June 4, 2018, Petitioner sent a request for a conference call
`seeking permission (1) to modify the scheduling order to file its Reply Brief
`on July 12, 2018 and (2) to file a motion for supplemental information under
`37 C.F.R. § 42.223(a). On June 13, 2018, the panel held a conference call
`with counsel for the parties regarding these requests. As to the request to
`modify the scheduling order, Patent Owner indicated on the call that it did
`not oppose the request. Given the unopposed nature of the scheduling
`request and the limited nature of schedule modification, we grant
`Petitioner’s request to modify the due date for its Reply Brief to July 12,
`2018.
`
`With respect to the request to file a motion to file supplemental
`information, after hearing preliminary arguments from the parties, the panel
`took the matter under advisement. After considering the parties’ arguments,
`we determine that limited briefing on the motion would be helpful to the
`panel in making its determination on whether to permit Petitioner to file
`supplemental information. Accordingly, the panel authorizes Petitioner to
`file a motion for permission to file supplemental information. Petitioner’s
`brief is limited to not more than five pages. The motion will be due June 18,
`2018. Patent Owner will have the opportunity to file a five-page opposition
`on June 22, 2018. No reply is authorized.
`In consideration of the foregoing, it is hereby:
`ORDERED that the Scheduling Order is revised such that Petitioner’s
`Reply Brief is due July 12, 2018;
`FURTHER ORDERED that Petitioner is authorized to file a motion
`for permission to file supplemental information of no more than five pages
`no later than June 18, 2018;
`
`2
`
`
`
`PGR2017-00003
`Patent 9,254,240 B2
`
`
`FURTHER ORDERED that Patent Owner may file a five-page
`Opposition to Petitioner’s motion no later than June 22, 2018; and
`FURTHER ORDERED that no reply to Patent Owner’s Opposition is
`authorized.
`
`
`
`
`3
`
`
`
`PGR2017-00003
`Patent 9,254,240 B2
`
`FOR PETITIONER:
`
`Michael Chu
`Brian Jones
`McDERMOTT WILL & EMERY LLP
`mchu@mwe.com
`bajones@mwe.com
`
`
`FOR PATENT OWNER:
`
`R. Trevor Carter
`Andrew M. McCoy
`FAEGRE BAKER DANIELS LLP
`trevor.carter@faegrebd.com
`andrew.mccoy.ptab@faegrebd.com
`
`4
`
`
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