`
`
` Paper 26
`
`
` Entered: March 3, 2014
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.
`Petitioner
`
`v.
`
`SOFTWARE RIGHTS ARCHIVE, LLC
`Patent Owner
`____________
`
`Cases IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479 (Patent 5,832,494)
`IPR2013-00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`____________
`
`Before SALLY C. MEDLEY, CHRISTOPHER L. CRUMBLEY, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479, -00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`
`
`On February 26, 2014, the initial conference call1 was held among
`
`counsel for the respective parties and Judges Medley, Crumbley, and Parvis.
`
`
`
`Motions
`
`Neither party seeks authorization to file a motion at this time.
`
`Counsel for Patent Owner indicated that, with respect to the -00480
`
`proceeding, Patent Owner may request cancellation of some or all of
`
`dependent claims 8, 10, 11, 35, and 40 of the ’494 patent. If Patent Owner
`
`determines that it will cancel claims, it may do so through a motion to
`
`amend. The initial call satisfies the requirement that the Patent Owner
`
`confer with the Board prior to filing a motion to amend. No amendments to
`
`the claims, other than cancelling claims, may be made to any of the claims
`
`of the involved patents, because all of the involved patents are expired.
`
`
`
`Filing of Supplemental Evidence/Information
`
`The Board provided the following guidance to address the potential
`
`issues raised in the Petitioner’s lists. Any objection to evidence must be
`
`served, but not filed. 37 C.F.R. § 42.64(b)(1). Moreover, a party seeking to
`
`file supplemental evidence under 37 C.F.R. § 42.64(b)(2) must receive
`
`Board authorization to file such evidence, because the rule contemplates
`
`serving such evidence, but not filing such evidence. Likewise, a party
`
`seeking to file supplemental information under 37 C.F.R. § 42.123, must
`
`receive Board authorization to do so.
`
`
`1 The initial conference call is held to discuss the Scheduling Order and any
`motions that the parties anticipate filing during the trial. Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48,756, 48,765 (Aug. 14, 2012).
`
`2
`
`
`
`IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479, -00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`
`
`Expungement of filed papers listing objections
`
`
`
`As explained above, any objection to evidence must be served, but not
`
`filed. 37 C.F.R. § 42.64(b)(1). Patent Owner filed papers in each of the
`
`proceedings, listing objections to Petitioner’s evidence. See, e.g., IPR2013-
`
`00478, Paper 21. The papers will be expunged from the record. 37 C.F.R.
`
`§ 42.7(a).
`
`
`
`Rehearing Request
`
`
`
`Petitioner filed a rehearing request in the -00478 case. IPR2013-
`
`00478, Paper 22. No further briefing on the issues raised there was
`
`requested or authorized. A decision on the rehearing request will be made in
`
`due course.
`
`
`
`Schedule
`
`Counsel for the Patent Owner alerted the Board and opposing counsel
`
`that Patent Owner’s witness is unavailable from June 13-July 31. The
`
`parties are working together to accommodate the witness’s schedule. No
`
`other issues were raised regarding the Scheduling Orders entered February 3,
`
`2014.
`
`Settlement
`
`
`
`The parties indicated that they have nothing to report with respect to
`
`settlement.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479, -00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`
`
`Order
`
`It is
`
`ORDERED that no additional motions are authorized at this time; and
`
`FURTHER ORDERED that the Patent Owner’s Objections to
`
`Evidence (IPR2013-00478, Paper 21; IPR2013-00479, Paper 22; IPR2013-
`
`00480, Paper 22; and IPR2013-00481, Paper 20) are expunged from the
`
`record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479, -00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`
`
`
`FOR PETITIONERS:
`
`Heidi L. Keefe
`COOLEY, LLP
`hkeefe@cooley.com
`dcpatentdocketing@cooley.com
`
`FOR PATENT OWNER:
`
`Martin M. Zoltick
`Nancy J. Linck
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`mzoltick@rfem.com
`nlinck@rfem.com
`
`
`5
`
`
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