`571.272.7822
`
`
`
`
`
` Paper No. 14
`May 14, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRIPLE PLUS LTD.,
`Petitioner,
`v.
`MORDECHAI BEN OLD,
`Patent Owner.
`____________
`
`Case PGR2018-00038
`Patent 9,671,031 B2
`____________
`
`
`Before BART A. GERSTENBLITH, GEORGE R. HOSKINS, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`ORDER
`Cancelling Oral Argument and
`Requiring Patent Owner to Show Cause
`37 C.F.R. §§ 42.05, 42.70
`
`
`
`
`
`
`
`PGR2018-00038
`Patent 9,671,031 B2
`
`
`The Scheduling Order sets April 18, 2019, as the date by which to
`request oral argument. Paper 9, 7. On April 19, 2019, Triple Plus Ltd.
`(“Petitioner”) filed a notice indicating that it does not seek oral argument.
`Paper 12. As of the date of this Order, Mordechai Ben Old (“Patent
`Owner”) has not filed a request for oral argument. Accordingly, there will
`not be oral argument in this proceeding.
`Additionally, Petitioner filed a Motion to Exclude Paper 7 on
`April 19, 2019. See Paper 13. In the Motion, Petitioner contends Patent
`Owner has “refused to participate in [this] proceeding[]—he did not submit a
`Response; he failed to respond to correspondence about routine discovery;
`and he failed to appear for his noticed deposition or otherwise respond to
`efforts to arrange his deposition.” Id. at 1. Patent Owner’s last filing in this
`case was on June 3, 2018. See Paper 7 (Patent Owner’s Preliminary
`Response). Since then, to our knowledge, Patent Owner has not participated
`in this case. Accordingly, we hereby order Patent Owner to contact the
`Board by filing a paper in the record of this proceeding on or before May 30,
`2019, acknowledging receipt of this Order, and showing cause as to why
`adverse judgment should not be issued against Patent Owner for
`abandonment of the contest pursuant to 37 C.F.R. § 42.73(b)(4). Depending
`on Patent Owner’s response, a conference call may be scheduled with the
`parties to discuss whether Patent Owner should be found to have abandoned
`the contest pursuant to 37 C.F.R. § 42.73(b)(4), and adverse judgment issued
`against Patent Owner.
`It is:
`ORDERED that oral argument is cancelled; and
`
`2
`
`
`
`PGR2018-00038
`Patent 9,671,031 B2
`
`
`FURTHER ORDERED that Patent Owner shall appear (by filing a
`paper in the record of this proceeding) on or before May 30, 2019, and show
`cause as to why adverse judgment should not be issued against Patent Owner
`for abandonment of the contest pursuant to 37 C.F.R. § 42.73(b)(4).
`
`3
`
`
`
`PGR2018-00038
`Patent 9,671,031 B2
`
`For PETITIONER:
`
`Mark C. Johnson
`Brian M. Baker
`RENNER OTTO
`mjohnson@rennerotto.com
`bbaker@rennerotto.com
`
`
`For PATENT OWNER:
`
`Mordechai Ben Old
`meir@mdpatent.co.il
`
`
`
`
`4
`
`
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