throbber
Paper 10
`Trials@uspto.gov
`571-272-7822 Entered: December 28, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC. and MOTOROLA MOBILITY LLC,
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01171 (Patent 7,994,726 B2)
`Case IPR2015-01174 (Patent 7,781,980 B2)
`Case IPR2015-01175 (Patent 8,288,952 B2)
`____________
`
`APPLE INC., MOTOROLA MOBILITY LLC, and
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01172 (Patent 7,498,749 B2)
`Case IPR2015-01173 (Patent 7,329,970 B2)
`____________
`
`
`
`
`
`
`

`
`IPR2015-01171 (Patent 7,994,726 B2)
`IPR2015-01172 & IPR2015-01603 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`IPR2015-01174 (Patent 7,781,980 B2)
`IPR2015-01175 (Patent 8,288,952 B2)
`
`
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`and APPLE INC.,
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01603 (Patent 7,498,749 B2)1
`____________
`
`
`Before JUSTIN BUSCH, LYNNE E. PETTIGREW, and BETH Z. SHAW,
`Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`On December 16, 2015, an initial conference call was held for the
`following six proceedings: IPR2015-01171, IPR2015-01172, IPR2015-
`01173, IPR2015-01174, IPR2015-01175, and IPR2015-01603. The
`following individuals participated in the call: Mr. Gross and Mr. Moore for
`Petitioner Apple Inc.; Mr. Morton for Petitioner Motorola Mobility LLC;
`
`1 We use this caption in this paper to indicate that this Order applies to, and
`is entered in, all six cases. The parties are not authorized to use this caption.
`
`2
`
`

`
`IPR2015-01171 (Patent 7,994,726 B2)
`IPR2015-01172 & IPR2015-01603 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`IPR2015-01174 (Patent 7,781,980 B2)
`IPR2015-01175 (Patent 8,288,952 B2)
`
`Ms. Hines and Mr. McCammon for Petitioner Toshiba America Information
`Systems, Inc.; Mr. Mandir and Mr. Kelber for Patent Owner, Global Touch
`Solutions, LLC; and Judges Busch, Pettigrew, and Shaw. The purpose of
`the call was to discuss any proposed changes to the Scheduling Order and
`any motions that the parties intend to file.
`
`Parties and Counsel
`The parties confirmed the following identification of parties and
`counsel in these proceedings: (i) Apple Inc. is a Petitioner in each of the six
`cases, and is the lead Petitioner in IPR2015-01171, IPR2015-01172,
`IPR2015-01173, IPR2015-01174, and IPR2015-01175, with its counsel, Mr.
`Steinberg, designated as lead counsel in those proceedings; (ii) Motorola
`Mobility LLC is a Petitioner in IPR2015-01171, IPR2015-01172, IPR2015-
`01173, IPR2015-01174, and IPR2015-01175; (iii) Toshiba America
`Information Systems, Inc. is a Petitioner in IPR2015-01172, IPR2015-
`01173, and IPR2015-01603, and is the lead Petitioner in IPR2015-01603,
`with its counsel, Ms. Hines, designated as lead counsel in that proceeding;
`(iv) Mr. Mandir is lead counsel for Patent Owner in IPR2015-01171,
`IPR2015-01174, and IPR2015-01175; and (v) Mr. Kelber is lead counsel for
`Patent Owner in IPR2015-01172, IPR2015-01173, and IPR2015-01603.
`
`Scheduling Order
`During the call, we indicated that DUE DATE 7, the date for the oral
`hearing should either party request it, has been set for August 3, 2016, for all
`six proceedings. We further indicated that the specific format and time
`
`3
`
`

`
`IPR2015-01171 (Patent 7,994,726 B2)
`IPR2015-01172 & IPR2015-01603 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`IPR2015-01174 (Patent 7,781,980 B2)
`IPR2015-01175 (Patent 8,288,952 B2)
`
`allotted will depend on the number of issues, as briefed in the Patent Owner
`Response and Reply, and the extent to which there is overlap of issues
`among the cases.
`The parties had no specific issues with the Scheduling Order.2 We
`remind the parties that if they stipulate to different dates for any of DUE
`DATES 1–5, they should promptly file a notice of stipulation identifying the
`changed due dates.
`
`Motions
`Neither party seeks authorization to file any motions at this time. We
`remind the parties that, except as otherwise provided in our rules, Board
`authorization is required before filing a motion.
`If Patent Owner should decide to file a motion to amend claims, it
`must schedule a conference call to confer with the Board two weeks prior to
`such filing. We direct the parties attention to the Board’s decisions in Idle
`Free Systems, Inc. v. Bergstrom, Inc., Case IPR2012-00027 (PTAB June 11,
`2013) (Paper 26), which describes the basic guidelines for a motion to
`amend, and MasterImage 3D, Inc. v. RealD Inc., Case IPR2015-00040
`(PTAB July 15, 2015) (Paper 42), which clarifies the scope of “prior art
`known to Patent Owner.”
`
`
`2 Paper 9 (IPR2015-01171); Paper 14 (IPR2015-01172); Paper 14 (IPR2015-
`01173); Paper 9 (IPR2015-01174); Paper 9 (IPR2015-01175); Paper 11
`(IPR2015-01603).
`
`4
`
`

`
`IPR2015-01171 (Patent 7,994,726 B2)
`IPR2015-01172 & IPR2015-01603 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`IPR2015-01174 (Patent 7,781,980 B2)
`IPR2015-01175 (Patent 8,288,952 B2)
`
`Settlement
`The parties indicated they had nothing to report regarding any
`possible settlement.
`
`Protective Order
`The parties are reminded that there currently is no protective order in
`place, and none will be entered unless a party files a motion to seal with a
`proposed protective order.
`
`ORDER
`
`It is
`ORDERED that the due dates set forth in the Scheduling Order
`remain unchanged; and
`FURTHER ORDERED that no motions are authorized at this time,
`other than those already authorized by Board Rules.
`
`
`5
`
`

`
`IPR2015-01171 (Patent 7,994,726 B2)
`IPR2015-01172 & IPR2015-01603 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`IPR2015-01174 (Patent 7,781,980 B2)
`IPR2015-01175 (Patent 8,288,952 B2)
`
`FOR PETITIONER Apple Inc.:
`Robert Steinberg
`Matthew Moore
`Gabriel Gross
`LATHAM & WATKINS LLP
`bob.steinberg@lw.com
`matthew.moore@lw.com
`gabe.gross@lw.com
`
`FOR PETITIONER Motorola Mobility LLC:
`Phillip Morton
`DeAnna Allen
`COOLEY LLP
`pmorton@cooley.com
`dallen@cooley.com
`
`FOR PETITIONER Toshiba America Information Systems, Inc:
`Doris Hines
`Jason Stach
`Luke McCammon
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`dori.hines@finnegan.com
`jason.stach@finnegan.com
`luke.mccammon@finnegan.com
`
`
`6
`
`

`
`IPR2015-01171 (Patent 7,994,726 B2)
`IPR2015-01172 & IPR2015-01603 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`IPR2015-01174 (Patent 7,781,980 B2)
`IPR2015-01175 (Patent 8,288,952 B2)
`
`FOR PATENT OWNER:
`William Mandir
`Peter Park
`Brian Shelton
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`pspark@sughrue.com
`bshelton@sughrue.com
`
`Steven Kelber
`skelber@labgoldlaw.com
`
`Nathan Cristler
`ncristler@cristlerip.com
`
`7

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