`Tel: 571-272-7822
`
`
`Paper 21
`Entered: January 29, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE, INC., EVENTBRITE INC., STARWOOD HOTELS & RESORTS
`WORLDWIDE, INC., EXPEDIA, INC., FANDANGO, LLC, HOTELS.COM, L.P.,
`HOTEL TONIGHT, INC., HOTWIRE, INC., KAYAK SOFTWARE CORP.,
`OPENTABLE, INC., ORBITZ, LLC, PAPA JOHN’S USA, INC., STUBHUB, INC.,
`TICKETMASTER, LLC, LIVE NATION ENTERTAINMENT, INC.,
`TRAVELOCITY.COM LP, WANDERSPOT LLC, AGILYSYS, INC., DOMINO’S
`PIZZA, INC., DOMINO’S PIZZA, LLC, HILTON RESORTS CORPORATION,
`HILTON WORLDWIDE, INC., HILTON INTERNATIONAL CO., MOBO SYSTEMS,
`INC., PIZZA HUT OF AMERICA, INC., PIZZA HUT, INC., and USABLENET, INC.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`_______________
`
` Case CBM2015-00080 Patent 6,384,850 B11
`Case CBM2015-00082 Patent 6,781,325 B1
`_______________
`
`Before MEREDITH C. PETRAVICK, RICHARD E. RICE, and STACEY G. WHITE,
`Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This order addresses a similar issue in the both 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.
`
`
`
`
`
`CBM2015-00080 Patent 6,384,850 B1
`CBM2015-00082 Patent 6,781,325 B1
`
`On January 28, 2016, a conference call was conducted between respective
`counsel for the parties and Judges White, Petravick, and Rice. Petitioner was
`represented by counsel, James Heintz and Robert Williams. Patent Owner,
`Ameranth, Inc., was represented by counsel, John Osborne and Michael Fabiano.2
`A court reporter was present and counsel indicated a copy of the transcript would
`be placed in the file. The purpose of the call was to discuss Petitioner’s assertion
`that the Patent Owner Response was formatted improperly in violation of 37
`C.F.R. § 42.6.
`Petitioner alleges that the format of the Patent Owner Response is not in
`compliance with 37 C.F.R. § 42.6. Petitioner alleges that the main text and the
`footnotes are not double spaced. Patent Owner indicates that the Patent Owner
`Response was prepared using spacing of at least 28 point (double the 14-point font
`of the text) for the main text, but maintains that such spacing is in compliance with
`37 C.F.R. § 42.6. Patent Owner acknowledges that the footnotes were not double
`spaced, but maintains that its spacing is standard practice.
`A document prepared utilizing Patent Owner’s method generally produces
`up to 23 lines of text per page, while a document prepared utilizing double spacing
`generally has up to 20 lines of text per page. The rule states that “[d]ouble spacing
`must be used,” and lists some exceptions. See 37 C.F.R. § 42.6(a)(2)(iii). The
`listed exceptions do not include footnotes, and the rule does not state that lines may
`be spaced using double the font size. See id. Patent Owner and Petitioner both
`stated that they used Microsoft Word to prepare filings in this case. All parties in
`
`
`2 Patrick N. McKeever and Bing Ai, counsel for petitioner in CBM2015-00091
`and CBM2015-00099, also participated in the call.
`
`2
`
`
`
`CBM2015-00080 Patent 6,384,850 B1
`CBM2015-00082 Patent 6,781,325 B1
`
`this case shall prepare their filings using double spacing as provided by Microsoft
`Office.
`Patent Owner is to file Corrected Patent Owner Responses in these matters
`by February 1, 2016. These new filings shall comply with all rules specified in 37
`C.F.R. § 42.6 and shall not include any new evidence or arguments. Patent Owner
`shall provide Petitioner with documents showing redlines indicating the changes
`made between the previously filed Patent Owner Responses and the Corrected
`Patent Owner Responses. These redline documents shall not be filed.
`ORDER
`
`For the reasons given, it is
`ORDERED that Patent Owner will file Corrected Patent Owner Responses
`in CBM2015-00080 and CBM2015-00082 by February 1, 2016. These Corrected
`Patent Owner shall comply will all applicable rules including 37 C.F.R. § 42.6. No
`new arguments or evidence will be permitted in these Corrected Patent Owner
`Responses.
`
`3
`
`
`
`PETITIONER:
`
`James Heintz
`Robert Williams
`AmeranthCBMService@dlapiper.com
`robert.williams@dlapiper.com
`
`
`
`PATENT OWNER:
`John Osborne
`Michael Fabiano
`josborne@osborneipl.com
`mdfabiano@fabianolawfirm.com
`
`
`
`
`CBM2015-00080 Patent 6,384,850 B1
`CBM2015-00082 Patent 6,781,325 B1
`
`
`
`4