`571-272-7822
`
`Date Entered: May 13, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION, SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG DISPLAY CO., LTD.,
`Petitioner,
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00863
`Patent 7,202,843 B2
`____________
`
`Before SALLY C. MEDLEY, BRYAN F. MOORE, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`Claims 4–9 of U.S. Patent No. 7,202,843 B2 are the sole claims
`involved in this proceeding. Paper 11 (Institution Decision). On February
`26, 2016, claims 4, 8, and 9 were determined unpatentable in a related
`proceeding. See, Sharp Corp. v. Surpass Tech Innovation LLC, IPR2015-
`
`
`
`
`
`
`
`IPR2015-00863
`Patent 7,202,843 B2
`
`
`00021 (PTAB February 26, 2016), Paper 44 (“Final Written Decision”).
`Just prior to the scheduled hearing date for this proceeding, and on May 3,
`2016, Patent Owner filed an updated mandatory notice indicating that the
`deadline to file a notice of appeal of the Final Written Decision in IPR2015-
`00021 had expired and that Patent Owner had not filed a notice of appeal.
`Paper 35.
`During the May 12, 2016 hearing, counsel for Patent Owner
`represented that Patent Owner would take no action to appeal the Final
`Written Decision in IPR2015-00021, that the time to do so had expired, and
`that claims 4, 8, and 9 are unpatentable.1 Based on such representations,
`Patent Owner is ordered to show cause why judgment should not be entered
`against it as to claims 4, 8, and 9 of U.S. Patent No. 7,202,843 B2. See 37
`C.F.R. § 42.73(b)(3). In particular, we construe Patent Owner’s failure to
`timely appeal the Final Written Decision in IPR2015-00021 as a concession
`of unpatentability of claims 4, 8, and 9. Id.
`Accordingly, it is
`ORDERED that Patent Owner shall, within ten (10) days of the date
`of this order, show cause why judgment should not be entered against it
`pursuant to 37 C.F.R. § 42.73(b)(3) as to claims 4, 8, and 9; and
`FURTHER ORDERED that Petitioner is not authorized to file a
`response.
`
`
`
`
`
`1 We agree with Patent Owner that it would be appropriate to render a Final
`Written Decision on the merits with respect to claims 5–7, as those claims
`were not involved in IPR2015-00021.
`2
`
`
`
`
`
`
`
`
`IPR2015-00863
`Patent 7,202,843 B2
`
`For Petitioner:
`
`Walter E. Hanley, Jr.
`John Flock
`Kenyon & Kenyon LLP
`
`Jay I. Alexander
`Covington & Burling LLP
`
`Sony-SurpassTech@kenyon.com
`jalexander@cov.com
`
`For Patent Owner:
`
`Wayne M. Helge
`Donald L. Jackson
`Michael R. Casey
`Davidson Berquist Jackson & Gowdey L.L.P.
`
`whelge@dbjg.com
`djackson@dbjg.com
`mcasey@dbjg.com
`
`3
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