`Tel: 571-272-7822
`
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`
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` Paper 28
`
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` Entered: September 16, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00252
`Patent 8,107,786
`____________
`
`
`
`
`Before SALLY C. MEDLEY and JUSTIN BUSCH,
`Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2014-00252
`Patent 8,107,786
`
`
`On September 15, 2014, a conference call was held between counsel
`for the respective parties and Judges Busch and Medley. The purpose of the
`call was for Patent Owner to meet its requirement that it confer prior to
`filing a motion to amend. 37 C.F.R. § 42.121(a).
`Counsel for Patent Owner indicated that Patent Owner intends to file a
`contingent motion to amend in this proceeding. Specifically, Patent Owner
`proposes to substitute an independent claim for each original independent
`claim.
`Guidance was provided to Patent Owner regarding motions to amend,
`including directing attention to the following orders: Nichia Corp. v. Emcore
`Corp., Case IPR2012-00005, Paper 27 (June 3, 2013); Idle Free Systems,
`Inc. v. Bergstrom, Inc., IPR2012-00027, Paper 26 (June 11, 2013); and Int’l
`Flavors & Fragrances Inc. v. The United States of America, IPR2013-
`00124, Paper 12 (May 20, 2014).
`In the event Patent Owner elects to file substitute claims for any
`dependent claim, Patent Owner was directed to ZTE Corp. & ZTE (USA)
`Inc. v. ContentGuard Holdings Inc., IPR2013-00136, Paper 33 (November
`7, 2013), which, at pages 3–4, explains the scenario of substituting
`dependent claims for the sole purpose of changing the dependency from the
`proposed substitute claim. Those claims would need to be listed and
`included in Patent Owner’s motion to amend.
`
`2
`
`
`
`
`
`
`
`Case IPR2014-00252
`Patent 8,107,786
`
`FOR PETITIONER:
`
`Andrew Ehmke
`andy.ehmke.ipr@haynesboone.com
`
`Dustin Johnson
`dustin.johnson.ipr@haynesboone.com
`
`Scott Jarratt
`Scott.jarratt.ipr@haynesboone.com
`
`
`
`FOR PATENT OWNER:
`
`Erika Arner
`erika.arner@finnegan.com
`
`
`Joshua Goldberg
`joshua.goldberg@finnegan.com
`
`
`Russell Levine
`russell.levine@kirkland.com
`
`
`Eugene Goryunov
`eugene.goryunov@kirkland.com
`
`
`
`
`
`3
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