`Tel: 571-272-7822
`
`
`
`
`
`Paper 68
`Entered: May 19, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PETROLEUM GEO-SERVICES INC.,
`and
`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L.,
`Petitioners,
`
`v.
`
`WESTERNGECO LLC,
`Patent Owner.
`____________
`Cases1 2
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`
`Before BRYAN F. MOORE, SCOTT A. DANIELS, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`1 This Order addresses issues that are the same in all three cases. Therefore,
`we exercise our discretion to issue one Decision to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`2 Cases IPR2015-00565, IPR2015-00566, IPR2015-00567 have been joined
`with these proceedings.
`
`
`
`1
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`Westerngeco filed a Request for Rehearing (“Request”) under 37
`C.F.R. § 42.71 on May 7, 2015 in each of IPR2015-00565, IPR2015-00566,
`IPR2015-00567, as well as in the present proceedings, asserting that the
`Board’s Joinder Order (“Joinder Order”) filed April 23, 2015 was premature
`under 35 U.S.C. § 315(c).3 Westerngeco contends that because it had not
`filed a preliminary response, and the underlying time period for filing a
`preliminary response had not expired, the Board should: (1) “vacate its
`Joinder Order,” (2) provide Westergeco “with a reasonable opportunity to
`file a preliminary response,” and if the Board ultimately grants joinder, (3)
`provide Westergeco “the opportunity to file a Patent Owner Response to
`raise petitioner-specific defenses against ION.” Request 2.
`IPR2015-00565, IPR2015-00566, and IPR2015-00567 were accorded
`a filing date of January 14, 2015, January 15, 2015, and January 14, 2015 in
`their respective Notices of Filing Date, mailed February 4, 2015, February 5,
`2015, and February 4, 2015 respectively. The deadlines for filing a
`preliminary response were thus May 4 and 5, 2015. Because the Joinder
`0Order was issued 11–12 days prior to the deadline, it is reasonable to
`extend Westerngeco’s time to file a preliminary response by 12 days from
`the filing date of this Order. We defer ruling on the Request until we have
`had an opportunity to review Westergeco’s preliminary response. With
`respect to PGS counsel’s May 18, 2015 email to the Board, no additional
`
`
`3 Westerngeco filed an Opposition to Ion’s Motion for joinder in IPR2015-
`00565, IPR2015-00566, and IPR2015-00567. See Paper 10.
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`briefing from Petitioners is authorized. The current trial schedule remains
`unchanged.
`Accordingly, it is
`ORDERED that the time to file Westerngeco’s preliminary response
`is extended 12 days from the filing date of this Order, a copy of the
`preliminary response should be filed in each of IPR2015-00565, IPR2015-
`00566, IPR2015-00567, 2014-00687, IPR2014-00688, and IPR2014-00689;
`and
`
`FURTHER ORDERED that no additional briefing besides
`Westergeco’s preliminary response is authorized at this time;
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`For PETITIONERS:
`David. Berl
`Thomas S. Fletcher
`Jessamyn Berniker
`Christopher Suarez
`Williams & Connolly, LLP
`dberl@wc.com
`tfletcher@wc.com
`jberniker@wc.com
`csuarez@wc.com
`
`W. Karl Renner
`Roberto Devoto
`David L. Holt
`Fish & Richardson P.C.
`IPR37136-0004IP1@fr.com
`
`For PATENT OWNER:
`Michael L. Kiklis
`Scott A. McKeown
`Christopher A. Bullard
`Kevin B. Laurence
`Katherine D. Cappaert
`Christopher Ricciuti
`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, L.L.P.
`cpdocketkiklis@oblon.com
`CPdocketMcKeown@oblon.com
`CPDocketLaurence@oblon.com
`CPDocketCappaert@oblon.com
`CPdocketBullard@oblon.com
`
`
`
`
`
`
`
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