`571-272-7822 Entered: September 19, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SKYHAWKE TECHNOLOGIES, LLC,
`Petitioner,
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`v.
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`L&H CONCEPTS, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00438
`Patent 5,779,566
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`
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`Before JAMES T. MOORE, Administrative Patent Judge.
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`
`Order
`Conduct of Proceeding
`37 C.F.R. § 42.5
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`On September 18, 2014 at 1:00 PM Eastern Time an initial conference
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`call was held in this matter. The participants of the call were respective
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`counsel for the parties (Lead Counsel Thomas Fisher leading for the
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`Petitioner; and Lead Counsel David Hoffman leading for the Patent Owner)
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`and Judge Moore.
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`Neither Party filed a list of proposed motions prior to the initial
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`conference call. As the patent in question expires within a year, it is also
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`expected that no motion to amend will be filed, although Patent Owner is
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`still considering the issue.
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`IPR2014-00438
`Patent 5,779,566
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`Given that the patent will expire, we note that the claims of an
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`unexpired patent are given their broadest reasonable interpretation in an
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`inter partes review. 37 C.F.R. § 42.100(b). We instituted this trial applying
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`the broadest reasonable interpretation for claim construction. We expect a
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`final decision prior to patent expiration based upon that same standard.
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`Petitioner informed the Board that they have filed a third petition
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`(with designation IPR2014-01485) to accompany the two petitions presently
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`before this panel (IPR2014-00437 is the other related case). The parties
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`have agreed to expedite that third petition to attempt to synchronize the final
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`decisions.
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`The Board likewise will expedite as best it can, as there is efficiency
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`to be gained by handling these three proceedings together.
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`IPR2014-00438
`Patent 5,779,566
`
`PETITIONER:
`
`Thomas Fisher
`cpdocketfisher@oblon.com
`
`Scott McKeown
`cpdocketmckeown@oblon.com
`
`Christopher Ricciuti
`cpdocketricciuti@oblon.com
`
`Alexander Englehart
`cpdocketenglehart@oblon.com
`
`
`PATENT OWNER:
`
`David Hoffman
`Hoffman@fr.com
`Matthew Wernli
`wernli@fr.com
`
`
`
`
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