`Trials@uspto.gov
`571-272-7822 Entered: October 25, 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., ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)1
`Cases IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`Cases IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`____________
`
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`
`FINK, Administrative Patent Judge.
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be entered in each case. The parties, however, are not
`authorized to use this caption for any subsequent papers.
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`On October 21, 2016, Patent Owner contacted the Board by e-mail
`
`requesting a conference call to discuss Petitioner’s Reply (e.g., IPR2015-
`
`01951, Paper 54). Specifically, Patent Owner requests permission “to file a
`
`paper identifying portions of Petitioner’s Reply that Patent Owner believes
`
`raises new issues or belatedly presents evidence. Patent Owner proposes a
`
`table format to identify the pages and lines that are outside the scope of the
`
`Reply, with a second column identifying the reason these portions are
`
`outside the scope of the Reply.” In its email, Patent Owner does not indicate
`
`the number of such portions of the Reply it believes are objectionable.
`
`A conference call is not necessary. Instead, for each proceeding,
`
`Patent Owner may file a short paper as stated below. Petitioner may file a
`
`short responsive paper as stated below. The Board will seek further
`
`information from the parties if necessary.
`
`ORDER
`
`
`
`It is:
`
` ORDERED that Patent Owner is authorized to file by October 28,
`
`2016, a paper containing an itemized listing of arguments in Petitioner’s
`
`Reply, identified by page number and line, as well as evidence cited in each
`
`Reply (citing with particularity as applicable), that Patent Owner considers
`
`to beyond the scope of a proper reply;
`
` FURTHER ORDERED that, for each such paper filed by Patent
`
`Owner, Petitioner is authorized to file by November 4, 2016, a responsive
`
`2
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`paper of the same numbering and itemized manner of Patent Owner’s paper,
`
`identifying what Petitioner regards as the material contained in the Patent
`
`Owner Response, by paper, page, and line number only that caused
`
`Petitioner to include such item in its Reply and, if applicable, where each
`
`such item appears in the Petition, by paper, page, and line number only;
`
` FURTHER ORDERED that arguments, explanation, and other
`
`statements beyond the itemized listing are not authorized; and
`
` FURTHER ORDERED that each such paper may not exceed two
`
`pages.
`
`
`
`FOR PETITIONER:
`
`J. Steven Baughman
`Andrew Thomases
`James L. Davis, Jr.
`Daniel W. Richards
`Matthew R. Shapiro
`Joseph E. Van Tassel
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`andrew.thomases@ropesgray.com
`james.l.davis@ropesgray.com
`daniel.w.richards@ropesgray.com
`matthew.shapiro@ropesgray.com
`joseph.vantassel@ropesgray.com
`
`
`
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`
`3
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`
`FOR PATENT OWNER:
`
`James Hannah
`Michael Lee
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`
`
`
`
`4
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