`571.272.7822
` Entered: July 2, 2019
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SUPERCELL OY,
`Petitioner,
`v.
`GREE, INC.,
`Patent Owner.
`
`
`
`Case PGR2018-00029 (Patent 9,636,583 B2)
`Case PGR2018-00036 (Patent 9,669,308 B2)
`Case PGR2018-00039 (Patent 9,597,594 B2)
`Case PGR2018-00047 (Patent 9,770,659 B2)
`Case PGR2018-00050 (Patent 9,675,886 B2)
`Case PGR2018-00055 (Patent 9,687,744 B2)
`Case PGR2018-00060 (Patent 9,694,287 B2)
`Case PGR2018-00061 (Patent 9,700,793 B2)1
`
`
`Before MICHAEL W. KIM, LYNNE H. BROWNE, HYUN J. JUNG,
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`ORDER
`Supplemental Information
`37 C.F.R. § 42.223
`
`
`
`
`
`
`
`
`
`
`1 This Order addresses issues that are the same in the above-identified proceedings.
`We exercise our discretion to issue on Order to be entered in each proceeding. The
`parties are not authorized to use this joint heading and filing style in their papers.
`
`
`
`
`
`
`Case PGR2018-00029 (Patent 9,636,583 B2)
`Case PGR2018-00036 (Patent 9,669,308 B2)
`Case PGR2018-00039 (Patent 9,597,594 B2)
`Case PGR2018-00047 (Patent 9,770,659 B2)
`Case PGR2018-00050 (Patent 9,675,886 B2)
`Case PGR2018-00055 (Patent 9,687,744 B2)
`Case PGR2018-00060 (Patent 9,694,287 B2)
`Case PGR2018-00061 (Patent 9,700,793 B2)
`On July 1, 2019, Petitioner contacted the Board seeking authorization to file
`a motion to submit supplemental information under 37 C.F.R. § 42.223.2
`Specifically, Petitioner sought to make a statement summarizing the Board’s
`application of two Federal Circuit decisions, In re Smith and In re Guldenaar, in
`two Final Written Decisions, Bally Gaming, Inc. v. New Vision Gaming &
`Development, CBM2018-00005, Paper 50 (PTAB June 19, 2019) and Bally
`Gaming, Inc. v. New Vision Gaming & Development, CBM2018-00008, Paper 47
`(PTAB June 19, 2019). Petitioner informed the Board that Patent Owner objected
`to this Motion as untimely, not in the interests of justice (as required under 37
`C.F.R. § 42.223(b)), and pertaining to non-precedential cases with different subject
`matter.
`The Federal Circuit cases have been extensively briefed by both parties. The
`Board takes notice of the Final Written Decisions. The Board is unpersuaded that
`consideration of Petitioner’s statement summary about non-precedential Board
`decisions is necessary in the interests of justice.
`For the reasons set forth above, it is
`ORDERED that Petitioner’s request for authorization to file a motion to
`submit supplemental evidence is DENIED.
`
`
`
`
`
`2 Petitioner cited 37 C.F.R. § 42.123, which is applicable to inter partes reviews.
`The corresponding rule for post-grant reviews is 37 C.F.R. § 42.223.
`
`2
`
`
`
`Case PGR2018-00029 (Patent 9,636,583 B2)
`Case PGR2018-00036 (Patent 9,669,308 B2)
`Case PGR2018-00039 (Patent 9,597,594 B2)
`Case PGR2018-00047 (Patent 9,770,659 B2)
`Case PGR2018-00050 (Patent 9,675,886 B2)
`Case PGR2018-00055 (Patent 9,687,744 B2)
`Case PGR2018-00060 (Patent 9,694,287 B2)
`Case PGR2018-00061 (Patent 9,700,793 B2)
`PETITIONER:
`Jennifer Bush
`Michael Sacksteder
`FENWICK & WEST LLP
`jbush-ptab@fenwick.com
`msacksteder@fenwick.com
`
`PATENT OWNER:
`
`John C. Alemanni
`Andrew Rinehart
`Scott E. Kolassa
`Steven D. Moore
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpatricktownsend.com
`arinehart@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
`smoore@kilpatricktownsend.com
`
`Timothy Maier
`Siddhesh Pandit
`Christopher Maier
`MAIER & MAIER, PLLC
`tjm@maierandmaier.com
`svp@maierandmaier.com
`cjm@maierandmaier.com
`
`Jesse Collier
`B. Graham Nelson
`OLIFF PLC
`lmostrom@oliff.com
`bnelson@oliff.com
`
`
`3
`
`
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