`Tel: 571-272-7822
`
`Paper 21
`Entered: April 14, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`
`Case CBM2015-00129
`Patent 7,942,317
`
`
`
`Before JENNIFER S. BISK, RAMA G. ELLURU,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`
`
`
`
`
`
`
`
`ELLURU, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case CBM2015-00129
`Patent 7,942,317
`
`
`
`Patent Owner Smartflash LLC (“Smartflash”) has requested, via
`email, authorization to file a motion to terminate the present proceeding in
`light of our Final Written Decision (“FWD”) in CBM2014-00112, which
`determined that the challenged claims in the present proceeding (i.e., claims
`7 and 12), among others claims, are unpatentable, and the dismissal of
`Smartflash’s appeal from the FWD in CBM2014-00112 in the United States
`Court of Appeals for the Federal Circuit. See CBM2014-00112, Paper 48,
`29; CBM2015-00018, Paper 46, 2–3 (terminating CBM2015-00018 because
`challenged claim 18 of the ’317 patent had been finally cancelled and any
`decision we might reach in CBM2015-00018 regarding the patentability of
`this claim would have been moot and purely advisory). The email request
`represents that Petitioner Google Inc. (“Google”) does not oppose
`Smartflash filing the requested motion.
`We grant Smartflash’s request to file a motion to terminate. Said
`motion shall be filed by April 21, 2016. Any opposition by Petitioner
`Google Inc. to the motion shall be filed by April 28, 2016.
`
`
`
`
`2
`
`
`
`Case CBM2015-00129
`Patent 7,942,317
`
`
`It is
`ORDERED that Smartflash’s request for authorization to file a motion
`to terminate is granted;
`FURTHER ORDERED that Smartflash shall file the motion to
`terminate by April 21, 2016; and
`FURTHER ORDERED that any opposition by Google to the motion
`shall be filed by April 28, 2016.
`
`
`3
`
`
`
`Case CBM2015-00129
`Patent 7,942,317
`
`PETIONER:
`
`Raymond N. Nimrod
`Andrew M. Holmes
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`raynimrod@quinnemanuel.com
`QE-SF-PTAB-Service@quinnemanuel.com
`
`PATENT OWNER:
`
`Michael R. Casey
`Wayne M. Helge
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`mcasey@dbjg.com
`whelge@davidsonbberquist.com
`SmartFlash-CBM@dbjg.com
`
`
`4
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