`571.272.7822
`
`
`
`
`Paper No. 9
`Entered: April 14, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALLERGAN, INC., ALLERGAN LIMITED, ALLERGAN USA, INC.,
`ZELTIQ AESTHETICS, INC., ZELTIQ IRELAND UNLIMITED
`COMPANY, AND REMED CO. LTD.,
`Petitioner,
`
`v.
`
`BTL MEDICAL TECHNOLOGIES S.R.O.,
`Patent Owner.
`____________
`
`PGR2021-00015, PGR2021-00016 (Patent 10,709,895 B2);
`PGR2021-00017, PGR2021-00018 (Patent 10,632,321 B2);
`PGR2021-00020, PGR2021-00021 (Patent 10,695,575 B1)1
`___________
`
`
`
`Before MEREDITH C. PETRAVICK, BARBARA A. PARVIS, and
`DAVID COTTA, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`1 This Order applies to each of the listed proceedings. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`PGR2021-00015, PGR2021-00016 (Patent 10,709,895 B2);
`PGR2021-00017, PGR2021-00018 (Patent 10,632,321 B2);
`PGR2021-00020, PGR2021-00021 (Patent 10,695,575 B1)
`
`On April 13, 2021, we received an email from counsel for Petitioner,
`requesting authorization to file a reply to Patent Owner’s Preliminary
`Response and Patent Owner’s Response to Petitioners’ Notice Ranking
`Petitions in each proceeding. Ex. 3001.2 Petitioner requests the reply to
`address Patent Owner’s application of the factors set forth in Apple Inc. v.
`Fintiv, Inc., IPR2020-00019, Paper 11 (P.T.A.B. Mar. 20, 2020
`(precedential) (“Fintiv”) in each Preliminary Response, as well as to provide
`updated scheduling information in the parallel ITC Investigation. See id.
`Petitioner also seeks to reply to Patent Owner’s Response to Petitioner’s
`Ranking Document to distinguish Patent Owner’s citations to Institution
`Decisions in other proceedings. Petitioner asserts that good cause exists to
`address the aforementioned issues because the arguments were not
`foreseeable and could not have been addressed in the Petitions. Id.
`Patent Owner agrees that additional briefing would benefit the Board,
`but only on Fintiv factors 2–4. Id. Patent Owner asserts that only factors 2–
`4 have been impacted by recent developments in the parallel ITC
`Investigation. Id. Patent Owner asserts that Petitioner’s reasons for seeking
`briefing on factor 6 pertain to the strength of the merits of the grounds and
`those responsive arguments are premature at this juncture. Id. Patent Owner
`opposes additional briefing on Petitioner’s Notice Ranking Petitions because
`Petitioner has not shown good cause. Id.
`Upon review of the Petition (Paper 1), Patent Owner’s Preliminary
`Response (Paper 7), Petitioner’s Notice Ranking Petitions (Paper 3), and
`Patent Owner’s Response to Petitioner’s Ranking Document (Paper 8), we
`
`2 For purposes of expediency, we cite to Papers and Exhibits filed in
`PGR2021-00015, unless otherwise indicated.
`
`2
`
`
`
`PGR2021-00015, PGR2021-00016 (Patent 10,709,895 B2);
`PGR2021-00017, PGR2021-00018 (Patent 10,632,321 B2);
`PGR2021-00020, PGR2021-00021 (Patent 10,695,575 B1)
`
`determine good cause exists to support Petitioner’s request for a reply to
`Patent Owner’s Preliminary Response to address Fintiv factors 2–4.
`Allowing the parties to brief those issues would be helpful to the Board and
`promotes efficiencies for the parties and the Board. The parties are
`instructed to file the same paper in all proceedings. We, however, are not
`persuaded that good cause exists to support Petitioner’s request for briefing
`on other subject matter.
`According, it is
`ORDERED that Petitioner’s request for leave to file a reply in each
`proceeding is granted; the reply is limited to eight-pages addressing Fintiv
`factors 2–4, and shall be filed on or before April 28, 2021;
` FURTHER ORDERED that Patent Owner may file an eight-page
`sur-reply, limited to responding to issues addressed in Petitioner’s reply, and
`that the sur-reply in each proceeding shall be filed on or before May 7, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`PGR2021-00015, PGR2021-00016 (Patent 10,709,895 B2);
`PGR2021-00017, PGR2021-00018 (Patent 10,632,321 B2);
`PGR2021-00020, PGR2021-00021 (Patent 10,695,575 B1)
`
`
`PETITIONER:
`
`Anthony M. Insogna
`Thomas W. Ritchie
`Michael A. Oblon
`JONES DAY
`aminsogna@jonesday.com
`twritchie@jonesday.com
`moblon@jonesday.com
`
`
`PATENT OWNER:
`
`Richard D. Coller III
`Jon E. Wright
`Richard M. Bemben
`Lestin L. Kenton
`Christian Camarce
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rcoller-PTAB@sternekessler.com
`jwright-PTAB@sternekessler.com
`rbemben-PTAB@sternekessler.com
`lkenton-PTAB@sternekessler.com
`ccamarce-PTAB@sternekessler.com
`
`4
`
`
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