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` Paper 9
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` Entered: May 25, 2017
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`Trials@uspto.gov
`Tel: 571-272-7822
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AVX CORPORATION,
`Petitioner,
`
`v.
`
`SAMSUNG ELECTRO-MECHANICS CO., LTD.,
`Patent Owner.
`____________
`
`PGR2017-00010
`Patent 9,326,381 B2
`_______________
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`TRENTON A. WARD, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`PGR2017-00010
`Patent 9,326,381 B2
`
`
`On May 25, 2017, a conference call was held involving counsel for the
`respective parties and Judges Medley, Chang, and Ward. The purpose of the
`conference call was for Petitioner to seek authorization to file a reply to Patent
`Owner’s Preliminary Response (Paper 6). Patent Owner opposed.
`During the conference call, Petitioner argued that we should authorize a reply
`to address two claim construction issues and certain evidentiary arguments raised in
`the Preliminary Response. In particular, Petitioner contended that there is good
`cause for considering a reply, because Petitioner could not have anticipated
`arguments made by Patent Owner regarding the two claim construction issues or the
`evidentiary arguments. Petitioner also argued that having further briefing on these
`issues would be helpful to the panel.
`Our rules do not authorize a petitioner to file a reply to a preliminary
`response. Rather, a petitioner seeking leave to file a reply must make a showing of
`good cause. 37 C.F.R. § 42.208(c). Based on the facts of this case and the
`arguments presented during the call, the panel disagrees that further briefing would
`be helpful or is warranted under the good cause standard. For the foregoing
`reasons, Petitioner’s request to file a reply to Patent Owner’s Preliminary Response
`is denied.
`
`Order
`
`It is
`ORDERED that Patent Owner’s request to file a reply to Patent Owner’s
`Preliminary Response is denied.
`
`
`
`
`2
`
`
`
`PGR2017-00010
`Patent 9,326,381 B2
`
`
`
`
`PETITIONER:
`
`Michael Houston
`Nicholas M. Lagerwall
`FOLEY & LARDNER LLP
`mhouston@foley.com
`nlagerwall@foley.com
`
`
`
`PATENT OWNER:
`
`Hosang Lee
`Bernard J. Knight
`Alexander P. Ott
`MCDERMOTT WILL & EMERY
`500 North Capitol Street, N.W.
`Washington, DC 20001
`HLee@mwe.com
`BKnight@mwe.com
`AOtt@mwe.com
`
`
`
`
`
`3
`
`
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