`Tel: 571-272-7822
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`Paper 17
`Entered: May 20, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`UNIFIED PATENTS, INC.
`SAP AMERICA INC.
`Petitioners
`
`v.
`
`CLOUDING IP, LLC
`Patent Owner
`____________
`
`Case IPR2013-00586
`Case IPR2014-00306
`Patent 6,738,799
`____________
`
`Before JAMESON LEE, JUSTIN BUSCH, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2013-00586
`IPR2014-00306
`Patent 6,738,799
`
`
`SAP America Inc. (“SAP”) filed a petition for an inter partes review
`of U.S. Patent No. 6,738,799 (Ex. 1001, “the ’799 Patent”) on December 27,
`2013 (the “SAP IPR Petition”) in SAP America Inc. v. Clouding IP, LLP,
`Case IPR2014-00306. IPR2014-00306, Paper 1. On April 21, 2014, SAP
`filed a Motion for Joinder to join that proceeding with this proceeding,
`Unified Patents, Inc. v. Clouding IP, LLC, Case IPR2013-00586. IPR2014-
`00306, Paper 8. We instituted trial based on the SAP IPR Petition and
`further granted SAP’s Motion for Joinder. IPR2014-00306, Papers 12, 13.
`Accordingly, IPR2014-00306 is now joined with the instant
`proceeding. Due to the fact that there are no new challenged grounds and
`the fact that SAP has agreed to rely upon the testimony of Dr. Hutchinson
`(submitted by Unified), whose declaration is of record in the instant
`proceeding, no change to the Scheduling Order, entered on March 21, 2014
`appears to be necessary. If any party believes it is necessary to modify the
`schedule on the basis of the joinder, the parties shall confer. If the parties
`are able to reach an agreement regarding modifying Due Dates 1-3 (with
`modified Due Dates 1-3 falling no later than Due Date 4), the parties are
`authorized to file a joint stipulation to a proposed revised schedule. The
`parties may not stipulate to a modification to Due Dates 4-7. However, if
`any party would like to request a change to any of Due Dates 4-7, or if any
`party would like to change Due Dates 1-3 and the parties cannot agree on a
`proposed revised schedule, that party may initiate a conference call.
`
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` 2
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`IPR2013-00586
`IPR2014-00306
`Patent 6,738,799
`
`
`ORDER
`For the reasons given, it is
`ORDERED that IPR2014-00306 is joined with IPR2013-00586;
`FURTHER ORDERED that the Scheduling Order in place in
`IPR2013-00586 is unchanged;
`FURTHER ORDERED that, subsequent to joinder, the grounds for
`trial in the joined proceedings are the same as those for which trial was
`instituted in IPR2013-00586;
`FURTHER ORDERED that, in the joined proceeding, Unified and
`SAP will file papers, except for motions which do not involve the other
`party, as consolidated filings; Unified will identify each such filing as a
`Consolidated Filing and will be responsible for completing all consolidated
`filings. SAP may file an additional paper, concurrent with each consolidated
`filing, not to exceed seven pages, which may address only points of
`disagreement with positions asserted in the consolidated filing. Any such
`filing by SAP must specifically identify and explain each point of
`disagreement. SAP may not file separate arguments in support of points
`made in Unified’s consolidated filing;
`FURTHER ORDERED that, in addition to responding to any
`consolidated filing, Clouding may respond separately, but concurrently, to
`any separate SAP filing. Any such response by Clouding to an SAP filing
`may not exceed the number of pages in the SAP filing and is limited to
`issues raised in the SAP filing;
`FURTHER ORDERED that SAP and Unified will designate attorneys
`to conduct the cross-examination of any witnesses produced by Clouding
`
` 3
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`IPR2013-00586
`IPR2014-00306
`Patent 6,738,799
`
`and the redirect of any witnesses produced by Unified or SAP within the
`time frame normally allotted by the rules for one party. SAP and Unified
`will not receive any separate cross-examination or redirect time;
`FURTHER ORDERED that any requests by any party for additional
`deposition time must be brought before the Board; and
`FURTHER ORDERED that the case caption in IPR2013-00586 shall
`be changed to reflect joinder with this proceeding in accordance with the
`caption in this Order.
`
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` 4
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`IPR2013-00586
`IPR2014-00306
`Patent 6,738,799
`
`PETITIONER:
`
`Frank C. Cimino, Jr.
`Megan S. Woodworth
`S. Gregory Herrman
`DICKSTEIN SHAPIRO LLP
`CiminoF@dicksteinshaprio.com
`WoodworthM@dicksteinshapiro.com
`HerrmanG@ dicksteinshapiro.com
`
`Michael L. Kiklis
`Scott A. McKeown
`OBLON SPIVAK
`cpdocketkiklis@oblon.com
`cpdocketmckeown@oblon.com
`
`PATENT OWNER:
`
`Tarek N. Fahmi
`Amy J. Embert
`FAHMI, SELLERS & EMBERT
`tarek.fahmi@fseip.com
`amy.embert@fseip.com
`
`
` 5
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