`571.272.7822
`
`
`
`
`
`
`Paper No. 7
`Filed: December 18, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EVERSTAR MERCHANDISE CO. LTD.,
`Petitioner,
`
`v.
`
`WILLIS ELECTRIC CO. LTD.,
`Patent Owner.
`__________________
`
`Case PGR2019-00055
`Patent 10,119,664 B2
`__________________
`
`
`
`
`Before DEBRA K. STEPHENS, STACEY G. WHITE, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`
`
`WHITE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`PGR2019-00055
`Patent 10,119,664 B2
`
`On December 13, 2019, a conference call was held between the
`
`parties and Judges White, Stephens, and Abraham. The call was initiated
`
`upon the request of Petitioner, which sought authorization to file a reply to
`
`Patent Owner’s Preliminary Response (Paper 6, “Prelim. Resp.).
`
`Petitioner sought a reply because it asserts that Patent Owner had
`
`made two arguments in its Preliminary Response that Petitioner could not
`
`have anticipated and that the Board would be best served by additional
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`briefing from Petitioner prior to a decision on institution. According to
`
`Petitioner, a chart on page five of the Preliminary Response contains an
`
`unexpected interpretation of the standards documents asserted to be prior art
`
`in this proceeding and page thirty-one of the Preliminary Response contains
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`an implied claim construction position that Petitioner believes to be
`
`inconsistent with the specification of the challenged patent. Patent Owner
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`disagrees with both positions and contends that it has made arguments that
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`respond to Petitioner’s assertions and that no additional evidence or briefing
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`is required at this time.
`
`We agree with Patent Owner. We will evaluate the evidence and
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`arguments put forth by the parties and will issue a decision on institution in
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`due course. Petitioner’s request for additional briefing is DENIED.
`
`
`
`
`
`It is
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`
`
`ORDER
`
`ORDERED that Petitioner’s request to file a reply to Patent Owner’s
`
`Preliminary Response is DENIED.
`
`
`
`
`
`
`
`1
`
`
`
`PGR2019-00055
`Patent 10,119,664 B2
`
`For PETITIONER:
`
`Barry Herman
`Barry.herman@wbd-us.com
`
`Preston Heard
`Preston.heard@wbd-us.com
`
`For PATENT OWNER:
`
`John Fonder
`fonder@cfpatlaw.com
`
`Timothy Bianchi
`tbianchi@slwip.com
`
`Doug Christensen
`christensen@cfpatlaw.com
`
`
`2
`
`
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