`571-272-7822
`
`
`
`
`Paper 8
`Entered: May 8, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC., EVENTBRITE INC., and STARWOOD HOTELS &
`RESORTS WORLDWIDE, INC.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`
`CBM2015-00080 (Patent No. 6,384,850)
`CBM2015-00081 (Patent No. 8,146,077)
`CBM2015-00082 (Patent No. 6,871,325)
`
`
`
`
`
`
`
`
`
`Before JAMESON LEE, MEREDITH C. PETRAVICK, and
`RICHARD E. RICE, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`A conference call was held on May 1, 2015, between Judges Lee,
`Petravick, and Rice, counsel for Petitioner, and counsel for Patent Owner.
`Counsel for Petitioner in related proceedings CBM2015-00095, CBM2015-
`00096, and CBM2015-00097 (collectively, “the Expedia proceedings”) also
`participated in the conference call, because Petitioner in the Expedia
`
`
`
`CBM2015-00080 (Patent No. 6,384,850)
`CBM2015-00081 (Patent No. 8,146,077)
`CBM2015-00082 (Patent No. 6,871,325)
`
`proceedings filed motions seeking to join a related proceeding with each one
`of these proceedings. See e.g., CBM2015-00096, Paper 10. The Board
`initiated a conference call to inquire about the motions to join in the Expedia
`proceedings, and to inquire whether claim 12 was or was not included in the
`ground based upon obviousness over DeLorme in the Petition of CBM2015-
`00082.
`
`Regarding the motions to join, counsel for Petitioner indicated that
`they agree to cooperate with counsel for Petitioner in the Expedia
`proceedings in the manner indicated in the motions should the proceedings
`be joined. Counsel for Petitioner, further, indicated that they would be
`willing to be responsible for filing all consolidated papers for both
`Petitioners and to take the lead for both Petitioners, and counsel for
`Petitioner in the Expedia proceedings indicated that this was agreeable.
`Patent Owner indicated that it would not oppose the motions to join
`and, upon inquiry from the Board, indicated that it would be willing to move
`the due date for its Preliminary Responses in the Expedia proceedings to
`June 10, 2015, which is the due date for its Preliminary Response in these
`proceedings.
`Regarding the Petition in CBM2015-00082, Petitioner clarified that
`claim 12 is not included in the ground based upon obviousness over
`DeLorme and that the reference to claim 12 on pages 62 and 63 was a
`typographical or clerical error. Thus, the obviousness grounds based upon
`DeLorme in CBM2015-00082 and CBM2015-00097 are the same.
`
`As an additional matter, in each Petition of these proceedings,
`Petitioner requests authorization to file a motion for pro hac vice admission
`
`2
`
`
`
`CBM2015-00080 (Patent No. 6,384,850)
`CBM2015-00081 (Patent No. 8,146,077)
`CBM2015-00082 (Patent No. 6,871,325)
`
`of Mr. Robert C. Williams. See e.g., CBM2015-00082, Paper 1, 4. Motions
`for pro hac vice admission, however, were authorized in the Notice of Filing
`Date Accorded (see id. at Paper 5, 2), and Petitioner, therefore, does not
`require any further authorization to file such a motion. Motion for pro hac
`vice admission must be filed in accordance with the “Order -- Authorizing
`Motion for Pro Hac Vice Admission” in Case IPR2013-00639, Paper 7, a
`copy of which is available on the Board Web site,
`http://www.uspto.gov/PTAB, under “Representative Orders, Decisions, and
`Notices.”
`
`
`PETITIONER:
`James M. Heintz
`jim.heintz@dlapiper.com
`
`
`Robert C. Williams
`robert.williams@dlapiper.com
`
`
`Ryan W. Cobb
`ryan.cobb@dlapiper.com
`
`PATENT OWNER:
`John W. Osborne
`Osborne Law LLC
`josborne@osborneipl.com
`
`Michael D. Fabiano
`Fabiano Law Firm, P.C.
`mdfabiano@fabianolawfirm.com
`
`
`
`3