UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`CISCO SYSTEMS, INC. et al.
`Petitioners,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
`
`________________
`
`Case IPR2015-01011
`Patent 6,108,704
`
`________________
`
`JOINT MOTION FOR ENTRY OF JOINT STIPULATED ORDER
`
`
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`CISCO SYSTEMS, INC. et al.
`Petitioners,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
`
`________________
`
`Case IPR2015-01011
`Patent 6,108,704
`
`________________
`
`JOINT MOTION FOR ENTRY OF JOINT STIPULATED ORDER
`
`
`
`I.
`
`INTRODUCTION
`
`Cisco Systems, Inc., AVAYA, Inc. and Patent Owner hereby move for the
`
`entry of a Joint Stipulated Order allowing joinder of the present petition for inter
`
`partes review IPR2015-01011 (the “PETITIONER IPR”) with IPR2014-01366 (the
`
`“SAMSUNG IPR”), filed by Samsung Electronics Co., Ltd., Samsung Electronics
`
`America, Inc., and Samsung Telecommunications America, LLC (collectively,
`
`“Samsung”). The PETITIONER IPR is identical to the SAMSUNG IPR in all
`
`substantive respects, includes identical exhibits to the SAMSUNG IPR, and relies
`
`upon the same expert declarant as the SAMSUNG IPR. Samsung does not oppose
`
`this motion or the proposed order. The identical Joint Stipulated Order is being
`
`separately requested in LG Electronics, Inc., et al. v. Straight Path IP Group, Inc.,
`
`IPR2015-01017. Good cause exists to enter the Joint Stipulated Order, as it will join
`
`and consolidate the PETITIONER IPR with the SAMSUNG IPR in a manner that
`
`mitigates disruption and conserves party and judicial resources.
`
`II.
`
`JOINT STIPULATED ORDER
`
`Cisco Systems,
`
`Inc., AVAYA Inc., LG Electronics,
`
`Inc., Toshiba
`
`Corporation, and VIZIO, Inc. (collectively “Petitioner”) and Patent Owner propose
`
`a joinder order for consideration by the Board as follows, which Samsung does not
`
`oppose:
`
`2
`
`
`
`1. The PETITIONER IPR will be instituted and will be joined with the
`
`SAMSUNG IPR on the same grounds as those for which the SAMSUNG IPR has
`
`been instituted. Grounds not instituted because the SAMSUNG IPR failed to
`
`establish a reasonable likelihood of prevailing will be similarly denied in the
`
`PETITIONER IPR.
`
`2. The scheduling order for the SAMSUNG IPR will apply to the joined
`
`proceeding.
`
`3. Throughout
`
`the proceeding, Samsung and Petitioner will file papers as
`
`consolidated filings, except for motions that do not involve the other party, in
`
`accordance with the Board’s established rules regarding page limits. So long as
`
`they both continue to participate in the merged proceeding, Samsung and
`
`Petitioner will identify each such filing as a Consolidated Filing and will be
`
`responsible for completing all consolidated filings.
`
`4. Petitioner will refrain from requesting or reserving any additional depositions
`
`or deposition time.
`
`5. Samsung and Petitioner will jointly conduct the cross examination of any
`
`given witness produced by Straight Path and the redirect of any given witness
`
`produced by Samsung or Petitioner within the timeframe normally allotted by
`
`the rules for one party. Samsung and Petitioner will not receive any separate
`
`cross-examination or redirect time.
`
`3
`
`
`
`6. Straight Path will conduct any cross examination of any given witness jointly
`
`produced by Samsung or Petitioner and the redirect of any given witness
`
`produced by Straight Path within the time frame normally allotted by the rules for
`
`one cross-examination or redirect examination.
`
`7. Samsung and Petitioner agree not to request additional oral hearing time
`
`solely on the basis of the participation of multiple petitioners.
`
`8.
`
`Petitioner will assume a second-chair role as long as Samsung remains in the
`
`proceeding. Should Samsung cease to be in the proceeding, Petitioner will
`
`consolidate its activities with the remaining petitioners for the remainder of the
`
`proceeding consistent with the applicable rules and the direction of the Board.
`
`III. CONCLUSION
`
`For the foregoing reasons, Cisco Systems, Inc., AVAYA, Inc. and Patent
`
`Owner respectfully request that the Board GRANT this motion and enter the
`
`Joint Stipulated Order joining and consolidating PETITIONER IPR and
`
`SAMSUNG IPR.
`
`4
`
`
`
`Dated: May 6, 2015
`
`/William A. Meunier/
`William A. Meunier (Reg. No. 41,193)
`Matthew Durell (Reg. No. 55,136)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Tel: (617) 348-1615
`Fax: (617) 542-2241
`StraightPathIPRs@mintz.com
`
`Counsel for Straight Path IP Group, Inc.
`
`/ David L. Cavanaugh/
`David L. Cavanaugh,
`Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr
`LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Fax: (202) 663-6363
`david.cavanaugh@wilmerhale.com
`
`Lead Counsel for Cisco Systems, Inc.
`and AVAYA Inc.
`
`/Brian Erickson/
`Brian Erickson (Reg. No. 48,895)
`brian.erickson@dlapiper.com
`Jeff Cole (Reg. No. 56,052)
`jeff.cole@dlapiper.com
`DLA Piper LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701
`Samsung-SP-IPR@dlapiper.com
`
`Counsel for Samsung Electronics Co.,
`Ltd.
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on May 6, 2015, a copy of the JOINT MOTION FOR ENTRY
`
`OF JOINT STIPULATED ORDER is being served by electronic email and First
`
`Class Mail on the following counsel for Petitioners in this matter and LG
`
`Electronics, Inc., et al. v. Straight Path IP Group, Inc.:
`
`For Samsung Electronics Co., Ltd.
`
`Brian Erickson (Reg. No. 48,895)
`brian.erickson@dlapiper.com
`Jeff Cole (Reg. No. 56,052)
`jeff.cole@dlapiper.com
`DLA Piper LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701
`Samsung-SP-IPR@dlapiper.com
`
`For Cisco Systems, Inc. and AVAYA Inc.
`
`David L. Cavanaugh (Reg. No. 36,476)
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`david.cavanaugh@wilmerhale.com
`
`6
`
`
`
`For Toshiba Corporation
`
`Paul T. Meiklejohn (Reg. No. 26,569)
`Dorsey & Whitney LLP
`Columbia Center
`701 Fifth Ave., Suite 6100
`Seattle, WA 98104
`meiklejohn.paul@dorsey.com
`
`For VIZIO, Inc.
`
`Kevin M. O’Brien (Reg. No. 30,578)
`Baker & McKenzie LLP
`815 Connecticut Ave., N.W.
`Washington, DC 20006
`VIZIO-SPIPG@bakermckenzie.com
`
`For LG Electronics, Inc.
`
`Rajeev Gupta (Reg. No. 55,873)
`Darren M. Jiron (Reg. No. 45,777)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4413
`raj.gupta@finnegan.corn
`dan-en.jiron@finnegan.corn
`
`/William A. Meunier/
`William A. Meunier (Reg. No. 41,193)
`
`41295931v.1
`
`7
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