Trials@uspto.gov
`571-272-7822
`
` Paper No. 17
` Entered: August 22, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`505 GAMES, INC., ACTIVISION BLIZZARD, INC., BLIZZARD
`ENTERTAINMENT, INC., CAPCOM U.S.A. INC., THE WALT DISNEY
`CO., DISNEY INTERACTIVE STUDIOS, INC., LUCASARTS,
`ELECTRONIC ARTS INC., BANDAI NAMCO GAMES AMERICA,
`INC., BANDAI NAMCO HOLDINGS USA INC., RIOT GAMES, INC.,
`SONY COMPUTER ENTERTAINMENT AMERICA LLC, SQUARE
`ENIX, INC., SQUARE ENIX OF AMERICA HOLDINGS, INC., TAKE-
`TOW INTERACTIVE SOFTWARE, INC., ROCKSTAR GAMES, INC.,
`2KSPORTS, INC., 2K GAMES, INC., and UBISOFT, INC.,
`Petitioners,
`
`v.
`
`BABBAGE HOLDINGS, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00954
`Patent 5,561,811
`____________
`
`Before MEREDITH C. PETRAVICK, KALYAN K. DESHPANDE, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`571-272-7822
`
` Paper No. 17
` Entered: August 22, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`505 GAMES, INC., ACTIVISION BLIZZARD, INC., BLIZZARD
`ENTERTAINMENT, INC., CAPCOM U.S.A. INC., THE WALT DISNEY
`CO., DISNEY INTERACTIVE STUDIOS, INC., LUCASARTS,
`ELECTRONIC ARTS INC., BANDAI NAMCO GAMES AMERICA,
`INC., BANDAI NAMCO HOLDINGS USA INC., RIOT GAMES, INC.,
`SONY COMPUTER ENTERTAINMENT AMERICA LLC, SQUARE
`ENIX, INC., SQUARE ENIX OF AMERICA HOLDINGS, INC., TAKE-
`TOW INTERACTIVE SOFTWARE, INC., ROCKSTAR GAMES, INC.,
`2KSPORTS, INC., 2K GAMES, INC., and UBISOFT, INC.,
`Petitioners,
`
`v.
`
`BABBAGE HOLDINGS, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00954
`Patent 5,561,811
`____________
`
`Before MEREDITH C. PETRAVICK, KALYAN K. DESHPANDE, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2014-00954
`Patent 5,561,811
`
`
`A conference call was held on August 21, 2014, between respective
`
`counsel for the parties and Judges Petravick, Deshpande, and Clements. The
`
`following issues were discussed.
`
`Petitioner’s Powers of Attorneys
`
`According to 37 C.F.R. § 42.2, “Petitioner” means “the party filing a
`
`petition requesting that a trial be instituted.” In circumstances not involving
`
`a motion for joinder or consolidation of separate proceedings, for each
`
`“petition” there is but a single party filing the petition, no matter how many
`
`companies are listed as petitioner or petitioners and how many companies
`
`are identified as real parties-in-interest. Thus, before the Board, the separate
`
`companies constitute and stand in the shoes of a single “Petitioner.”
`
`Because the eleven companies constitute, collectively, a single party, they
`
`must speak with a single voice, both in writing and oral representation.
`
`We observed that the Petition, in accordance with our rules, identifies
`
`a single lead counsel, Mr. Eric A. Buresh, and identifies as backup counsel
`
`Mssrs. Patrick D. McPherson, Paul R. Hart, and Phillip D. Mancini. Pet.
`
`51-52. We noted, however, that the powers of attorney were not consistent
`
`with that designation. Specifically, the power of attorney filed by Sony
`
`(Paper 9) does not include Mssrs. Buresh or Hart, and the powers of attorney
`
`filed by the other real parties in interest (Papers 2-8, 10-12) do not include
`
`Mssrs. McPherson or Mancini.
`
`Mr. Paul Hart, counsel for Petitioner, indicated that he spoke on
`
`behalf of not only 505 Games, Activision, Capcom, Disney, Electronic Arts,
`
`Bandai Namco, Riot Games, Square Enix, Take-Two, and Ubisoft,1 but also
`
`
`1 505 Games (U.S.), Inc. (“505 Games”); Activision Blizzard, Inc. and
`
`
`
`2
`
`
`
`IPR2014-00954
`Patent 5,561,811
`
`Sony Computer Entertainment America LLC (“Sony”). He also indicated
`
`that Mr. Mancini had changed employment, and would no longer serve as
`
`back-up counsel.
`
`We instructed Petitioner to file updated powers of attorney consistent
`
`with the designation of lead and backup counsel in the Petition.
`
`Specifically, Sony’s power of attorney must include Mssrs. Buresh and Hart
`
`if Mr. Buresh is to be lead counsel and Mr. Hart is to serve as backup
`
`counsel in this proceeding. Similarly, the powers of attorney for 505 Games,
`
`Activision, Capcom, Disney, Electronic Arts, Bandai Namco, Riot Games,
`
`Square Enix, Take-Two, and Ubisoft must include Mr. McPherson if he is to
`
`serve as backup counsel in this proceeding.
`
`Authorization for Motion to Withdraw
`
`Patent Owner previously engaged Mr. John Kasha and Ms. Kelly
`
`Kasha as lead and backup counsel, respectively, in this proceeding. Paper
`
`14. Subsequently, Patent Owner engaged Mr. David Judson and Mr.
`
`Anthony Garza as lead counsel and back-up counsel, respectively, for this
`
`proceeding (Paper 15), and filed a revised power of attorney appointing
`
`Mssrs. Judson and Garza (Paper 16). Patent Owner requested authorization
`
`
`Blizzard Entertainment, Inc. (collectively, “Activision”); Capcom U.S.A.,
`Inc. (“Capcom”); The Walt Disney Co., Disney Interactive Studios, Inc., and
`LucasArts, a division of Lucasfilm Entertainment Company Ltd. LLC
`(collectively, “Disney”); Electronic Arts Inc. (“Electronic Arts”); BANDAI
`NAMCO Games America, Inc. and BANDAI NAMCO Holdings USA Inc.
`(collectively, “Bandai Namco”); Riot Games, Inc. (“Riot Games”); Square
`Enix, Inc. and Square Enix of America Holdings, Inc. (collectively, “Square
`Enix”); Take-Two Interactive Software, Inc., Rockstar Games, Inc.,
`2KSports, Inc., and 2K Games, Inc. (collectively, “Take-Two”); and
`Ubisoft, Inc. (“Ubisoft”)
`
`
`
`3
`
`
`
`IPR2014-00954
`Patent 5,561,811
`
`to file a motion seeking the withdrawal of Mr. and Ms. Kasha as counsel.
`
`Petitioner had no objection. We authorized the requested motion.
`
`
`
`ORDER
`
`It is hereby
`
`ORDERED that Petitioner file updated powers of attorney consistent
`
`with the designation of lead and backup counsel no later than Friday, August
`
`29, 2014;
`
`FURTHER ORDERED that Patent Owner is authorized to file the
`
`requested Motion to Withdraw; and
`
`FURTHER ORDERED that Patent Owner file a revised Mandatory
`
`Notice omitting Mr. Kasha and Ms. Kasha as back-up counsel.
`
`
`
`4
`
`
`
`IPR2014-00954
`Patent 5,561,811
`
`PETITIONERS:
`
`Eric A. Buresh
`Paul R. Hart
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`paul.hart@eriseip.com
`
`
`Patrick D. McPherson
`Phillip D. Mancini
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`PDMancini@duanemorris.com
`
`
`PATENT OWNER:
`
`David H. Judson
`LAW OFFICE OF DAVID H. JUDSON
`mail@davidjudson.com
`
`
`Anthony M. Garza
`CHARHON CALLAHAN ROBSON & GARZA
`agarza@ccrglaw.com
`
`John Kasha
`john.kasha@kashalaw.com
`
`
`
`
`
`5
`
`
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