`
`Trials@uspto.gov
` Filed: March 21, 2018
`571.272.7822
`
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC. and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner.
`____________
`
`Case IPR2015-008061
`Patent 7,765,482 B2
`____________
`
`
`Before GEORGIANNA W. BRADEN and KERRY BEGLEY,
`Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`
`
` ORDER
`Lifting Stay of Ex Parte Reexamination Control No. 90/012,987
`35 U.S.C. § 315(d); 37 C.F.R. §§ 42.3, 42.122
`
`
`
`
`
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029, has
`been joined as a petitioner in the instant proceeding.
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`On October 7, 2015, the panel issued an order granting the motion of
`Summit 6 LLC (“Patent Owner”) to stay Ex Parte Reexamination Control
`No. 90/012,987 (“Reexamination”), a co-pending proceeding before the
`Board involving claims 38, 40, 44–46, and 49 of the patent at issue in this
`inter partes review, U.S. Patent No. 7,765,482 B2 (“’482 patent”).
`Paper 26. In particular, we stayed the Reexamination “pending the
`termination or completion of the instant proceeding.” Id. at 6.
`On September 6, 2016, we entered a Final Written Decision holding
`that Petitioner Google Inc. and Samsung Electronics Co., Ltd. had
`established, by a preponderance of the evidence, that claims 12, 13, 16, 18,
`19, 21–25, 35–38, 40–42, 44–46, and 49 of the ’482 patent are unpatentable.
`Paper 63, 71. Patent Owner appealed the Final Written Decision to the U.S.
`Court of Appeals for the Federal Circuit. Papers 68, 70.
`On December 7, 2017, the Federal Circuit issued a judgment
`affirming the Final Written Decision. Summit 6, LLC v. Google LLC,
`No. 17-1184 (Fed. Cir. Dec. 7, 2017) (Judgment). On January 16, 2018, the
`Federal Circuit issued the mandate to the Office. Summit 6, LLC v. Google
`LLC, No. 17-1184 (Fed. Cir. Jan. 16, 2018) (Mandate). The deadline for
`Patent Owner to petition for a writ of certiorari to the U.S. Supreme Court
`expired on March 7, 2018. See SUP. CT. R. 13.
`Therefore, it is now appropriate to lift the stay of the Reexamination.
`ORDER
`
`
`
`Accordingly, it is:
`ORDERED that the stay of Ex Parte Reexamination Control
`No. 90/012,987 is hereby lifted; and
`
`2
`
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`FURTHER ORDERED that all time periods in Ex Parte
`Reexamination Control No. 90/012,987 are restarted.
`
`
`3
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`
`
`IPR2015-00806
`Patent 7,765,482 B2
`FOR PETITIONER:
`
`John Alemanni
`Michael Morlock
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpatricktownsend.com
`mmorlock@kilpatricktownsend.com
`
`
`FOR PATENT OWNER:
`
`Peter J. Ayers
`John Shumaker
`Brian Mangum
`Robert Carlson
`LEE & HAYES, PLLC
`peter@leehayes.com
`jshumaker@leehayes.com
`brianm@leehayes.com
`bob@leehayes.com
`
`
`4
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