`Tel: 571-272-7822
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`Paper 15
`Entered: June 8, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SUPERCELL OY,
`Petitioner,
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`v.
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`GREE, INC.,
`Patent Owner.
`_________
`
`Case PGR2018-00029
`Patent 9,636,583 B2
`____________
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`Before MICHAEL W. KIM, LYNNE H. BROWNE, and CARL M. DEFRANCO,
`Administrative Patent Judges.
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`KIM, Administrative Patent Judge.
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`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`PGR2018-00029
`Patent 9,636,583 B2
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`On May 31, 2018 and June 5, 2018, Petitioner sent communications to the
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`Board requesting authorization to file a limited reply, and for Patent Owner to
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`submit a limited sur-reply, in this proceeding. Petitioner proposes a briefing
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`schedule, and briefing scope (i.e., issues relevant to Berkheimer v. HP Inc., 881
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`F.3d 1360 (Fed. Cir. 2018)), similar to that set forth in SuperCell Oy v. GREE, Inc.,
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`Case PGR2018-00008 (PTAB Mar. 19, 2018) (Paper 11; “Order”). Petitioner
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`indicates that Patent Owner does not oppose this request. For the reasons set forth
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`in that Order and above, the request is granted.
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`Accordingly, it is
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`ORDERED that Petitioner is authorized to file a five (5) page reply, limited
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`to the subject matter set forth in the Order, no later than June 15, 2018;
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`FURTHER ORDERED that Patent Owner is authorized to file a five page
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`sur-reply, limited to responding to discussions in Petitioner’s reply, no later than
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`June 25, 2018; and
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`FURTHER ORDERED that no evidence is permitted to be submitted with
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`either paper.
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`PGR2018-00029
`Patent 9,636,583 B2
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`For PETITIONER:
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`Jennifer R. Bush
`FENWICK & WEST LLP
`jbush-ptab@fenwick.com
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`For PATENT OWNER:
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`Joseph E. Palys
`Andrew Rinehart
`Scott Kolassa
`Paul Hastings LLP
`josephpalys@paulhastings.com
`arinehart@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
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