`Tel: 571-272-7822
`
`Paper 7
`Entered: October 1, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RPX CORPORATION
`Petitioner
`
`v.
`
`APPLICATIONS IN INTERNET TIME, LLC
`Patent Owner
`
`Case IPR2015-01750
`Patent 8,484,111 B2
`
`Case IPR2015-01751
`Case IPR2015-01752
`Patent 7,356,482 B21
`
`
`
`
`
`
`
`
`
`Before LYNNE E. PETTIGREW, MITCHELL G. WEATHERLY, and
`JENNIFER MEYER CHAGNON, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`DECISION
`Patent Owner’s Request for Authorization to
`File Motion for Additional Discovery
`37 C.F.R. §§ 42.5, 42.51(b)(2)
`
`
`1 This order addresses issues common to all cases; therefore, we issue a
`single order to be entered in each case. The parties are authorized to use this
`style heading when filing the same paper in multiple proceedings, provided
`that such heading includes a footnote attesting that “the word-for-word
`identical paper is filed in each proceeding identified in the heading.”
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`
`On October 1, 2015, a conference call was held between counsel for
`
`both parties and Judges Pettigrew, Weatherly, and Chagnon. During the
`
`call, Patent Owner requested authorization to file a motion for additional
`
`discovery directed to evidence regarding whether Salesforce.com, Inc.
`
`(“Salesforce”) is a real-party-in-interest in these proceedings.
`
`Patent Owner represented that the requests for additional discovery
`
`would be directed to agreements and communications between Patent Owner
`
`and Salesforce, and information regarding the length of Saleforce’s
`
`membership and any membership fees paid to Patent Owner, as well as the
`
`role of Mr. Sanford Robertson, who sits on the board both of Petitioner and
`
`Salesforce. In response, Petitioner asserted that Patent Owner’s previous
`
`requests for such information were not narrowly tailored or reasonable. The
`
`parties have conferred, but have been unable to come to an agreement
`
`concerning this issue.
`
`The panel is persuaded that further briefing would assist the Board in
`
`deciding whether to provide Patent Owner with additional discovery in this
`
`case. Accordingly, we authorize Patent Owner to file a motion for
`
`additional discovery. The motion may not exceed ten pages and should
`
`include, as an exhibit, proposed discovery requests. Petitioner is authorized
`
`to file an opposition to the motion, also not to exceed ten pages. If Petitioner
`
`objects to the scope of Patent Owner’s proposed discovery requests, the
`
`opposition should also include, as an exhibit, Petitioner’s alternative
`
`proposed discovery requests.
`
`Patent Owner is reminded that the discovery requests should be
`
`responsibly tailored and restrained in scope, and that an important factor is
`
`2
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`whether Patent Owner can demonstrate more than a possibility that it will
`
`obtain the evidence that it seeks. See Garmin Int’l, Inc. v. Cuozzo Speed
`
`Techs. LLC, Case IPR2012-00001, slip op. at 6–7 (PTAB Mar. 5, 2013)
`
`(Paper 26) (informative).
`
`
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s request for authorization to file a
`
`motion for additional discovery is granted. Patent Owner is authorized to
`
`file a 10-page motion, along with an exhibit including proposed discovery
`
`requests, by October 8, 2015; and
`
`FURTHER ORDERED that Petitioner is authorized to file a 10-page
`
`opposition, along with an exhibit including any alternative proposed
`
`discovery requests, no later than five (5) business days after the date on
`
`which Patent Owner files its Motion.
`
`
`
`3
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`PETITIONER:
`
`Richard F. Giunta
`Elisabeth H. Hunt
`Randy J. Pritzker
`WOLF, GREENFIELD & SACKS, P.C.
`RGiunta-PTAB@wolfgreenfield.com
`EHunt-PTAB@wolfgreenfield.com
`RPritzker-PTAB@wolfgreenfield.com
`
`
`
`PATENT OWNER:
`
`Steven C. Sereboff
`M. Kala Sarvaiya
`SoCal IP Law Group LLP
`ssereboff@socalip.com
`ksarvaiya@socalip.com
`
`
`4
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