`Trials@uspto.gov
`571-272-7822 Entered: September 25, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SUPERCELL OY,
`Petitioner,
`
`v.
`
`GREE, INC.,
`Patent Owner.
`_________
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`_______________
`
`Before MICHAEL W. KIM, TIMOTHY J. GOODSON, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Request to File a Sur-Reply
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`
`
`On September 17, 2018, a telephone conference was held between Judges
`Kim, Goodson, and Wieker, and counsel for each of Patent Owner and Petitioner, to
`discuss Patent Owner’s request to file a sur-reply in light of the Office Patent Trial
`Practice Guide, August 2018 Update (“TPG Update”)1. According to Patent
`Owner, authorizing a sur-reply is consistent with the TPG Update, which provides
`that “[s]ur-replies to principal briefs (i.e., to a reply to a patent owner response or to
`a reply to an opposition to a motion to amend) normally will be authorized by the
`scheduling order entered at institution.” “[S]ur-reply practice essentially replaces
`the previous practice of filing observations on cross-examination testimony.” Id.
`Also consistent with the TPG Update, Patent Owner requests that the sur-reply be
`due on currently scheduled Due Date 4, i.e., October 24, 2018, and under the same
`terms as set forth for the sur-replies in the TPG Update, e.g., 5,600 words.
`Petitioner opposes the request, asserting that sur-replies are normally granted only
`on a case-by-case basis, and citing certain Board decisions concerning sur-replies.
`Patent Owner responds that the Board decisions cited by Petitioner are prior to the
`TPG Update, and, thus, not germane. We are persuaded for the reasons provided by
`Patent Owner.
`It is ORDERED that Patent Owner’s request to file a sur-reply by Due Date 4
`is granted.
`
`
`
`
`
`1 Found at
`https://www.uspto.gov/sites/default/files/documents/2018_Revised_Trial_Practice
`_Guide.pdf
`
`
`
`1
`
`
`
`Case PGR2018-00008
`Patent 9,597,594 B2
`
`
`FOR PETITIONER:
`
`Jennifer R. Bush
`Michael J. Sacksteder
`FENWICK@WEST LLP
`Jbush-ptab@fenwick.com
`msacksteder@fenwick.com
`
`FOR PATENT OWNER:
`
`John C. Alemanni
`Andrew W. Rinehart
`Scott E. Kolassa
`Kilpatrick Townsend & Stockton LLP
`jalemanni@kilpatricktownsend.com
`arinehart@kilpatricktownsend.com
`skolass@kilpatricktownsend.com
`
`
`
`
`2
`
`
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