`571-272-7822
`
`Paper 21
`Entered: November 24, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`MERCEDES-BENZ USA, LLC,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00646
`Patent 6,772,057 B2
`____________
`
`
`
`Before JAMESON LEE, TREVOR M. JEFFERSON, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`In Toyota Motor Corp. v. American Vehicular Sciences LLC,
`IPR2015-00261, Toyota Motor Corporation (“Toyota”) filed a Petition for
`inter partes review of claims 1–4, 7–10, 31, 41, 56, 59–62, and 64 of
`
`
`
`Case IPR2014-00646
`Patent 6,772,057 B2
`
`U.S. Patent No. 6,772,057 (“the ’057 patent”), the same patent at issue in
`this proceeding. See Toyota Motor Corp. v. American Vehicular Sciences
`LLC, IPR2015-00261, Paper 1 (Nov. 17, 2014). Contemporaneously with
`that Petition, Toyota filed a Motion for Joinder pursuant to 35 U.S.C.
`§ 315(c), 37 C.F.R. § 42.22, and 37 C.F.R. § 42.122(b), requesting that we
`institute an inter partes review in IPR2015-00261 and join that proceeding
`with this proceeding. See Toyota Motor Corp. v. American Vehicular
`Sciences LLC, IPR2015-00261, Paper 3 (Nov. 17, 2014).
`In IPR2015-00261, Patent Owner American Vehicular Sciences LLC
`has been authorized to file an opposition to Toyota’s Motion for Joinder no
`later than December 4, 2014. See Toyota Motor Corp. v. American
`Vehicular Sciences LLC, IPR2015-00261, Notice of Filing Date Accorded to
`Petition (Paper 4) (Nov. 24, 2014). Patent Owner should file an opposition,
`if any, in IPR2015-00261 and in this proceeding on the same date. In
`addition, Petitioner Mercedes-Benz USA, LLC is authorized to file in this
`proceeding, no later than December 4, 2014, an opposition to Toyota’s
`Motion for Joinder requesting that IPR2015-00261 be joined with this
`proceeding.
`
`
`
`Accordingly, it is:
`ORDERED that Patent Owner American Vehicular Sciences LLC is
`
`authorized to file an opposition to Toyota’s Motion for Joinder in IPR2015-
`00261 no later than December 4, 2014, and Patent Owner’s Opposition shall
`be filed in both IPR2015-00261 and this proceeding; and
`
`2
`
`
`
`Case IPR2014-00646
`Patent 6,772,057 B2
`
`FURTHER ORDERED that Petitioner Mercedes-Benz USA, LLC is
`
`authorized to file in this proceeding, no later than December 4, 2014, an
`opposition to Toyota’s Motion for Joinder requesting that IPR2015-00261
`be joined with this proceeding.
`
`FOR PETITIONER:
`Scott W. Doyle
`Jonathan R. DeFosse
`Shearman & Sterling LLP
`scott.doyle@shearman.com
`jonathan.defosse@shearman.com
`
`FOR PATENT OWNER:
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`McAndrews Held & Malloy
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`
`
`3