Order re Oral Hearing IPR2014-00041, 43, 51, 54, 55


Takeaway: The Board may postpone the date of the oral hearing to decide motions to seal to determine which documents are part of the public record.

In its Order, the Board postponed the date for the oral hearing in the proceedings and authorized Petitioner’s request to file a Sur-reply in response to Patent Owner’s Reply in support of Patent Owner’s Motion relating to real parties-in-interest.

Patent Owner had filed a motion in each proceeding regarding whether Petitioner had properly identified all real parties-in-interest in the Petitions. Petitioner filed its Oppositions, and Patent Owner filed its Reply.  During a conference call, Petitioner requested authorization to file a sur-reply, and the Board authorized the filing of a two-page sur-reply that could not refer to any new evidence or raise any new arguments.

In addition to the above, the Board was considering issues regarding motions to seal as well as documents that had been filed under seal without corresponding motions to seal. The Board decided that it must decide the motions to seal before it could hold an oral hearing in the proceedings so that it could know “which papers and exhibits are, and are not, part of the public record.”  Therefore, the Board ordered that the oral hearing be postponed until a later date.

GEA Process Engineering, Inc. v. Steuben Foods, Inc., IPR2014-00041, IPR2014-00043, IPR2014-00051, IPR2014-00054, IPR2014-00055
Paper 126 (’041 IPR), Paper 109 (’043 IPR), Paper 108 (’051 IPR), Paper 125 (’054 IPR), Paper 101 (’055 IPR): Order on Conduct of the Proceedings
Dated: October 16, 2014
Patents: 6,945,013 B2 (’041 IPR); 6,475,435 B1 (’043 IPR); 6,209,591 B1 (’051 IPR); 6,481,468 B1 (’054 IPR); 6,536,188 B1 (’055 IPR)
Before: Michael P. Tierney, Rama G. Elluru, and Beverly M. Bunting
Written by: Elluru