`Tel: 571-272-7822
`
`Paper 10
`Entered: March 28, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`PNC BANK, N.A. and JP MORGAN CHASE & CO.
`and JP MORGAN CHASE BANK, N.A.
`Petitioner
`
`v.
`
`MAXIM INTEGRATED PRODUCTS, INC.
`Patent Owner
`
`
`Cases CBM2014-00038 (Patent 5,940,510)
`CBM2014-00039 (Patent 5,949,880)
`CBM2014-00040 (Patent 6,105,013)
`CBM2014-00041 (Patent 6,237,095) 1
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MITCHELL G. WEATHERLY, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This order addresses a similar issue in the four cases. Therefore, we
`exercise discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style of heading in subsequent
`papers.
`
`
`
`Cases CBM2014-00038, -00039, -00040, and -00041
`
`
`On March 27, 2014, a conference call was held including counsel for
`
`the respective parties and Judges Medley, Weatherly, and Quinn. The
`
`purpose of the call was for Petitioner to seek authorization to withdraw PNC
`
`Bank, N.A. (“PNC”) from the proceeding.
`
`
`
`PNC Bank, N.A. (“PNC”) and JP Morgan Chase & Co. and JP
`
`Morgan Chase Bank, N.A. (“JP Morgan”) are the real parties-in-interest for
`
`Petitioner. See, e.g., CBM2014-00038, Paper 3 at 2. Counsel for Petitioner
`
`explained that PNC, but not JP Morgan, seeks to withdraw from the
`
`proceedings pursuant to 37 C.F.R. § 42.73(b)(4). As such, Petitioner
`
`requests authorization to file a motion requesting adverse judgment against
`
`PNC. Counsel for Patent Owner did not oppose the filing of such motion,
`
`but did indicate that Patent Owner would oppose the motion.
`
`
`
`Based on the record before us, Petitioner is authorized to file a motion
`
`requesting adverse judgment against PNC pursuant to 37 C.F.R.
`
`§ 42.73(b)(4). Patent Owner will have an opportunity to oppose.
`
`Accordingly, it is
`
`
`
`ORDERED that Petitioner is authorized to file a motion, in each of
`
`the four proceedings, requesting adverse judgment against PNC pursuant to
`
`37 C.F.R. § 42.73(b)(4);
`
`
`
`FURTHER ORDERED that the motion is limited to five pages and is
`
`due April 1, 2014;
`
`
`
`FURTHER ORDERED that Patent Owner is authorized to file, in
`
`each of the four proceedings, a five page opposition to the motion due April
`
`4, 2014; and
`
`
`
`FURTHER ORDERED that Petitioner is authorized to file, in each of
`
`the four proceedings, a two page reply due April 7, 2014.
`
`2
`
`
`
`Cases CBM2014-00038, -00039, -00040, and -00041
`
`
`PETITIONER:
`
`Lionel Lavenue
`Lionel.lavenue@finnegnan.com
`
`Timothy May
`Timothy.may@finnegan.com
`
`Joshua Goldberg
`Joshua.goldberg@finnegan.com
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`weatherwax@glwllp.com
`
`Parham Hendifar
`hendifar@glwllp.com
`
`3
`
`
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