`571-272-7822
`
`
`
`
`Paper 11
`Entered: May 8, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`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 NATIONAL
`ENTERTAINMENT, INC., TRAVELOCITY.COM LP, WANDERSPOT
`LLC, AGILYSYS, INC., DOMINO’S PIZZA, INC., DOMINO’S PIZZA,
`LLC, HILTON RESORTS CORPORATION, HILTOM 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.
`
`CBM2015-00095 (Patent No. 8,146,077)
`CBM2015-00096 (Patent No. 6,384,850)
`CBM2015-00097 (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
`
`
`
`CBM2015-00095 (Patent No. 8,146,077)
`CBM2015-00096 (Patent No. 6,384,850)
`CBM2015-00097 (Patent No. 6,871,325)
`
`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 CBM2015-00080, CBM2015-
`00081, and CBM2015-00082 (collectively, “the Apple proceedings”) also
`participated in the conference call, because Petitioner filed motions seeking
`to join each one of these proceedings with one of the Apple proceedings.
`See e.g., CBM2015-00096, Paper 10. The Board initiated a conference call
`to inquire about the motions to join, 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 in the Apple
`proceedings indicated that they agree to cooperate with counsel for
`Petitioner in the manner indicated in the motions should the proceedings be
`joined. Counsel for Petitioner in the Apple proceedings, 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 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 these proceedings to June 10,
`2015, which is the due date for its Preliminary Response in the Apple
`proceedings.
`Regarding the Petition in CBM2015-00082, Petitioner in the Apple
`proceedings 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
`
`2
`
`
`
`CBM2015-00095 (Patent No. 8,146,077)
`CBM2015-00096 (Patent No. 6,384,850)
`CBM2015-00097 (Patent No. 6,871,325)
`
`and 63 was a typographical or clerical error. Thus, the obviousness grounds
`based upon DeLorme in CBM2015-00082 and CBM2015-00097 are the
`same.
`
`It is:
`ORDERED that the Patent Owner’s Preliminary Response in each of
`CBM2015-00096, CBM2015-00097, and CBM2015-00095 is due on June
`10, 2015.
`
`PETITONER:
`Richard S. Zembek
`Gilbert A. Greene
`Norton Rose Fulbright US LLP
`richard.zembek@nortonrosefulbright.com
`bert.greene@nortonrosefulbright.com
`
`PATENT OWNER:
`John W. Osborne
`Osborne Law LLC
`josborne@osborneipl.com
`
`
`Michael D. Fabiano
`Fabiano Law Firm, P.C.
`mdfabiano@fabianolawfirm.com
`
`
`3
`
`
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