`571-272-7822
`
`Paper 11
`Entered: November 5, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION OF AMERICA,
`Petitioner,
`
`v.
`
`NETWORK-1 TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case CBM2015-00078
`Patent 6,218,930 B1
`____________
`
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, and GLENN J. PERRY,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`
`DECISION
`Petitioner’s Notice of Basis for Request for Relief
`37 C.F.R. §§ 42.21, 42.71
`
`
`
`CBM2015-00078
`Patent 6,218,930 B1
`
`
`Petitioner filed a Request for Rehearing (Paper 8, “Req. Reh’g”) of
`
`our Decision (Paper 7, “Dec.”) not to institute a covered business method
`
`patent review of claims 6 and 8–23 of U.S. Patent No. 6,218,930 B1
`
`(Ex. 1001, “the ’930 patent”). Petitioner’s Request for Rehearing was
`
`denied. Paper 9. Petitioner subsequently filed a “Notice of Basis for
`
`Request for Relief in the Form of a Rehearing by an Enlarged Panel” again
`
`requesting rehearing of the Decision and requesting rehearing by an
`
`expanded panel. Paper 10, 1 (“Notice”).
`
`Pursuant to 37 C.F.R. § 42.71(d), “[a] party dissatisfied with a
`
`decision may file a single request for rehearing without prior authorization
`
`from the Board.”1 Petitioner’s Notice amounts to a second request for
`
`rehearing and was not authorized by the Board. As to Petitioner’s request
`
`for rehearing by an expanded panel, a panel does not have authority to
`
`expand a panel; only the Chief Judge, acting on behalf of the Director, may
`
`act to expand a panel. See Standard Operating Procedure 1, rev. 14 § III
`
`(PTAB May 8, 2015). In this case, the suggestion to expand the panel has
`
`been referred to the Acting Chief Judge and considered, but is not adopted.
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Petitioner’s request for relief in the form of a second
`
`rehearing of the Decision not to institute a covered business method patent
`
`review is denied.
`
`
`1 See Amendments to the Rules of Practice for Trials Before the Patent Trial
`and Appeal Board, 80 Fed. Reg. 28,561, 28,563 (May 19, 2015) (“To clarify
`that a party may file only a single request for rehearing as of right, the Office
`amends 37 CFR 42.71(d) to add ‘single’ before ‘request for rehearing’ in the
`first sentence.”).
`
`
`
`2
`
`
`
`CBM2015-00078
`Patent 6,218,930 B1
`
`PETITIONER:
`
`Lionel M. Lavenue
`Theresa Weisenberger
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`theresa.weisenberger@finnegan.com
`
`
`
`PATENT OWNER:
`
`Charles F. Wieland III
`Robert G. Mukai
`BUCHANAN INGERSOLL & ROONEY PC
`Charles.Wieland@bipc.com
`robert.mukai@bipc.com
`
`3
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