• Samsung Electronics America, Inc. v. Prisua Engineering Corp.Rehearing granted
  PTAB · Sep 27, 2018 · IPR2017-01188 · APJ Matthew R Clements · IPR · Rehearing

  The Board granted Patent Owner’s rehearing request and authorized it to re-file its Sur-Reply by September 28, 2018.

  RulingsRehearing decision

  • RehearingRehearing, grantedGranted

    “reply “as a matter of right,” and does not address explicitly whether a Patent Owner may file a sur-reply in a case that was instituted prior to the Trial Practice Guide Update. Because the Trial Practice Guide Update did not authorize Patent Owner to file its Sur-Reply “as a matter of right,” we are not persuaded that we erred in determining that Patent Owner’s Sur-Reply was unauthorized.” slip op. at 5

  • Strike new argumentGranted

    “Notwithstanding all of the above, and out of an abundance of fairness to Patent Owner, Patent Owner is authorized to re-file its Sur-Reply no later than Friday, September 28, 2018.” slip op. at 6

  None
  Patents in suitUS 8,650,591

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