`Trials@uspto.gov
`571-272-7822 Entered: January 29, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., and
`ROCKSTAR GAMES, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01951 (Patent 6,714,966 B1)1
`Case IPR2015-01964 (Patent 6,829,634 B1)
`Case IPR2015-01970 (Patent 6,701,344 B1)
`____________
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`
`
`
`1 This order addresses issues in all three cases. We exercise our discretion to
`issue one order to be filed in each case.
`
`
`
`IPR2015-01951 (Patent 6,714,966 B1)
`IPR2015-01964 (Patent 6,829,634 B1)
`IPR2015-01970 (Patent 6,701,344 B1)
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`A conference call was held on January 28, 2015, among counsel for
`the parties and Judges Medley, Pettigrew, and Fink. Activision Blizzard,
`Inc., Electronic Arts Inc., Take-Two Interactive Software, Ind., 2K Sports,
`Inc., and Rockstar Games, Inc. (collectively, “Petitioner”) requested the call
`to discuss certain issues related to Exhibit 2001 filed by Acceleration Bay,
`LLC (“Patent Owner”) in each of IPR2015-01951, IPR2015-01964, and
`IPR2015-01970.
`As explained by the parties on the call, Patent Owner filed as Exhibit
`2001 in each case two pages of a nineteen-page Invention Disclosure form
`with, according to Patent Owner’s Preliminary Response, “certain
`confidential information not necessary to establish . . . actual reduction to
`practice . . . redacted.” E.g., IPR2015-01970, Paper 6, 17. Among the
`redactions was a date in the upper right-hand corner of page 2 of Exhibit
`2001. On the call, the parties agreed that Patent Owner will file in each case
`a new version of Exhibit 2001, identical to earlier-filed versions except the
`date in the upper right-hand corner will not be redacted. After Patent Owner
`files a new version of Exhibit 2001 in each case, all earlier-filed versions
`will be expunged.
`On the call, the parties also agreed that Patent Owner will produce to
`Petitioner in these cases a copy of the full nineteen-page Invention
`Disclosure form with only personally identifiable information and the like
`(e.g., internal control numbers) redacted.
`
`2
`
`
`
`IPR2015-01951 (Patent 6,714,966 B1)
`IPR2015-01964 (Patent 6,829,634 B1)
`IPR2015-01970 (Patent 6,701,344 B1)
`
`Patent Owner also stated on the call that it has complied with
`37 C.F.R. § 42.51(b)(iii), which requires service of relevant information that
`is inconsistent with a position advanced by a party during a proceeding.
`Finally, Patent Owner clarified that in IPR2015-01964, it filed a
`Preliminary Response (Paper 6) in error on January 15, 2016, and, pursuant
`to instructions from a Board paralegal, filed a Corrected Preliminary
`Response (Paper 7) on January 19, 2016, the deadline for filing a
`Preliminary Response in that case. The parties indicated that Patent Owner
`shared with Petitioner the differences between the original Preliminary
`Response and the Corrected Preliminary Response, and Petitioner does not
`oppose Patent Owner’s filing of a Corrected Preliminary Response.
`Accordingly, we will consider the Corrected Preliminary Response (Paper 7)
`filed on January 19, 2016, rather than the Preliminary Response (Paper 6)
`filed on January 15, 2016, in determining whether to institute an inter partes
`review in IPR2015-01964.
`
`ORDER
`
`
`
`It is:
` ORDERED that Patent Owner shall file in each of these cases a
`revised Exhibit 2001, identical to earlier-filed versions except the date in the
`upper right-hand corner of page 2 of the exhibit will not be redacted;
` FURTHER ORDERED that after Patent Owner files a revised Exhibit
`2001 in each case, the Board shall expunge from the record all previously-
`filed versions of Exhibit 2001;
`
`3
`
`
`
`IPR2015-01951 (Patent 6,714,966 B1)
`IPR2015-01964 (Patent 6,829,634 B1)
`IPR2015-01970 (Patent 6,701,344 B1)
`
` FURTHER ORDERED that, as agreed to by the parties on the call,
`Patent Owner shall provide Petitioner a copy of the full nineteen-page
`Invention Disclosure form with only personally identifiable information and
`the like (e.g., internal control numbers) redacted; and
` FURTHER ORDERED that in IPR2015-01964, the Corrected
`Preliminary Response (Paper 6), rather than the Preliminary Response
`(Paper 7), will be considered by the Board in determining whether to
`institute an inter partes review.
`
`
`
`FOR PETITIONER:
`J. Steven Baughman
`Andrew Thomases
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`andrew.thomases@ropesgray.com
`
`
`
`FOR PATENT OWNER:
`James Hannah
`Michael Lee
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
