`Tel: 571-272-7822
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`Paper 24
`Entered: September 11, 2018
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`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
`____________
`
`
`Before MICHAEL W. KIM, LYNNE H. BROWNE, and CARL M. DEFRANCO,
`Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`
`
`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 September 10, 2018, a conference call was held, between counsel for the
`parties and Judges Kim, Browne, and DeFranco, concerning Petitioner’s request to
`file a response to Patent Owner’s Request for Reconsideration (Paper 23;
`“Request”). Petitioner asserted that Patent Owner’s Request included improper
`new argument, albeit arguments that relied on evidence of record, and, thus,
`requested the opportunity to address those improper new arguments. In the
`alternative, Petitioner indicated that if the Board was inclined to grant the request,
`it would appreciate the opportunity to file a response. Patent Owner responded
`that grants of such requests are rare, and that the current posture of the proceeding
`did not warrant deviation from that norm. We agree with Patent Owner.
`Concerning potential new arguments, Petitioner has informed the Board of
`its belief, and so the Board will take it into account. If the Request does contain
`such new argument, then the Request should be denied on that basis alone, without
`need for a response from Petitioner. If the argument is not new, however, and only
`depends on that which was misapprehended or overlooked, then it is a proper
`Request which also does not warrant a response from the Petitioner.
`Accordingly, it is
`ORDERED that Petitioner’s request to file a response to Patent Owner’s
`Request is denied.
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`PGR2018-00029
`Patent 9,636,583 B2
`
`For PETITIONER:
`
`Jennifer R. Bush
`FENWICK & WEST LLP
`jbush-ptab@fenwick.com
`
`For PATENT OWNER:
`
`John C. Alemanni
`Andrew W. Rinehart
`Scott E. Kolassa
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpatricktownsend.com
`arinehart@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
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