`U.S. Patent No. 9,752,761
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`PRIME WIRE & CABLE, INC.,
`Petitioner
`
`v.
`
`TELEBRANDS CORP.,
`Patent Owner
`_______________________
`
`Case PGR2018-00010
`U.S. Patent 9,752,761
`_______________________
`
`PATENT OWNER’S UNOPPOSED MOTION FOR EXTENSION OF TIME
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`PGR2018-00010
`U.S. Patent No. 9,752,761
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`I.
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`INTRODUCTION
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`On December 1, 2017, Petitioner Prime Wire & Cable, Inc. (“Prime”) filed
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`its petitioner for post-grant review of U.S. Patent No. 9,752,761 (“the ’761
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`patent”). On January 4, 2018, the Board entered a Notice of Filing Date Accorded,
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`which set forth that the deadline for Patent Owner Telebrands Corp.
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`(“Telebrands”) to file its preliminary response is April 4, 2018.
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`On March 23, 2018, Telebrands and Prime entered a written settlement
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`agreement, settling, inter alia, this dispute with respect to the ’761 patent. As such,
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`the parties requested to file a joint motion to terminate this proceeding. The joint
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`motion to terminate was filed on March 30, 2018. In view of the settlement and
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`joint motion to terminate, on March 29, 2018, Telebrands requested permission to
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`file a motion for extension of time to file its preliminary response. On March 30,
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`2018, the Board granted Telebrands permission to file a motion for extension of
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`time of two-weeks to file its preliminary response. In accordance with the Board’s
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`authorization, Telebrands respectfully requests that its deadline to file its
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`preliminary response be extended from April 4, 2018 to April 18, 2018.1
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`1 In accordance with Telebrands’ email to the Board dated March 29, 2018, Prime
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`does not oppose this motion.
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`1
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`PGR2018-00010
`U.S. Patent No. 9,752,761
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`II. ARGUMENT
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`37 C.F.R. 42.5(c) provides that the Board has the authority to extend Patent
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`Owner’s deadline for filing the preliminary response on a showing of good cause.
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`Here, good cause exists to grant Telebrands’ motion for extension of time of two
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`weeks, as the parties have already settled this dispute and filed a motion to
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`terminate the proceeding. As set forth in Telebrands’ email to the Board of March
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`29, 2018, Telebrands only intends to file a preliminary response if the joint motion
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`to terminate is denied or not yet decided. Thus, an extension of time will provide
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`the Board with the opportunity to decide the parties’ joint motion to terminate prior
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`to the preliminary response deadline. Importantly, the Board has determined in
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`situations such as this, where settlement negotiations have occurred prior to the
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`filing of the preliminary response, good cause exists to extend the time to file the
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`preliminary response. See Sony Mobile Communications (USA) Inc. v. Adaptix,
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`Inc., IPR2014-01525, Paper 10.
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`III. CONCLUSION
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`In view of the foregoing, Telebrands respectfully requests that the Board
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`grant its unopposed motion for extension of time.
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`2
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`PGR2018-00010
`U.S. Patent No. 9,752,761
` Dated: April 2, 2018
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`
`
`By: /Robert T. Maldonado/
`Robert T. Maldonado (38,232)
`rmaldonado@cooperdunham.com
`Cooper & Dunham LLP
`30 Rockefeller Plaza
`New York, NY 10112
`Phone: 212-278-0400
`
`
`Counsel for Patent Owner
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`
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`3
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`
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`PGR2018-00010
`U.S. Patent No. 9,752,761
`CERTIFICATE OF SERVICE
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`The undersigned certifies that on April 2, 2018, the foregoing was served on
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`Petitioner’s counsel of record by electronic service at:
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`jbuche@buchelaw.com; and
`bjohnson@buchelaw.com
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`
`/Ashwat Rishi/
`Ashwat Rishi
`arishi@cooperdunham.com
`
`
`
`
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