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Trial@uspto.gov Paper No. 5
`571-272-7822 Date Entered: May 3, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOTOROLA MOBILITY, LLC
`Petitioner
`
`v.
`
`SOFTVIEW, LLC
`Patent Owner,
`____________
`
`Case IPR2013-00256
`Patent 7,461,353
`____________
`
`
`
`
`BRIAN J. McNAMARA, Administrative Patent Judge.
`
`
`
`ORDER AUTHORIZING FILING OF OPPOSITION TO MOTION FOR
`JOINDER
`
`37C.F.R. 42.122(b)
`
`
`

`

`Case IPR2013-00256
`Patent 7,461,353
`
`
`On April 29, 2013, Motorola Mobility LLC (Motorola Mobility) filed a
`
`petition to institute IPR2013-00256 concerning U.S. Patent No. 7,461,353 (the
`
`‘353 Patent). The ‘353 patent is the subject of IPR2013-00007 which has already
`
`been instituted. Motorola Mobility also filed a petition to institute IPR2013-00257,
`
`which concerns U.S. Patent No. 7,831,926 (the ‘926 Patent). The ‘926 patent is
`
`the subject of IPR2013-00004, which also has already been instituted. Both the
`
`‘353 Patent and the ‘926 Patent are owned by Softview LLC (Patent Owner).
`
`Motorola Mobility’s petition to institute IPR2013-00256 asserts the same
`
`grounds of unpatentability as those on which we instituted inter partes review
`
`IPR2013-00007. Motorola Mobility’s petition to institute IPR2013-00257 asserts
`
`the same grounds of unpatentability as those on which we instituted inter partes
`
`review IPR2013-00004. In view of its assertion of the same grounds of
`
`unpatentability, Motorola Mobility has moved for joinder of IPR2013-00256 with
`
`IPR2013-00007 and joinder of IPR2013-00257 with IPR2013-00004 (Motions For
`
`Joinder).
`
`Granting Motorola’s Motions for Joinder could have an effect on the
`
`proceedings in IPR2013-00004 and IPR2013-00007. Motorola Mobility has
`
`addressed some of the potential effects in its Motions For Joinder and proposed
`
`approaches to accomplish the joinder with minimal impact on the current schedule
`
`
`
`2
`
`

`

`Case IPR2013-00256
`Patent 7,461,353
`
`in IPR2013-00004 and IPr2013-00007. However, the parties in IPR2013-00004
`
`and IPR2013-00007 may have additional concerns.
`
`Therefore it is ORDERED that the parties in inter partes reviews IPR2013-
`
`00004 and IPR2013-00007 (i.e., Petitioner, Kyocera Corporation, and Patent
`
`Owner, Softview LLC) are authorized to file up to a 10 page Opposition against
`
`each of Motorola Mobility’s Motions For Joinder not later than 10 calendar days
`
`from the date of this Order.
`
`IPR2013-00004 &
`
`
`PETITIONER: (IPR2013-00256 & IPR2013-00257 - via electronic transmission)
`
`John C. Alemanni
`Kilpatrick Townsend & Stockton, LLC
`jalemanni@kilpatricktownsend.com
`
`
`IPR2013-00257,
`(IPR2013-00256,
`PATENT OWNER:
`IPR2013-00007 - via electronic transmission)
`
`Ben Yorks
`Babak Redjaian
`Irell & Manella, LLP
`Email: byorks@irell.com
`Email: bredjaian@irell.com
`
`
`PETITIONER (IPR2013-00004 & IPR2013-00007 – via electronic transmission)
`
`Richard Bauer
`Michael Tomsa
`Katten Muchin Rosenman, LLP
`Email: Richard.bauer@kattenlaw.com
`Email: Michael.tomsa@kattenlaw.com
`
`
`
`3
`
`

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