`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`IPR2015-01979 Paper 34
`IPR2016-00151 Paper 24
`Entered: October 20, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01979
`Case IPR2016-001511
`Patent 8,141,154 B2
`____________
`
`
`Before THOMAS L. GIANNETTI, RICHARD E. RICE,
`MIRIAM L. QUINN, and PATRICK M. BOUCHER, Administrative Patent
`Judges.
`
`
`QUINN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This Order addresses issues affecting the captioned cases. The use of this
`caption herein does not authorize the parties to use this caption without
`express authorization from the Board.
`
`
`
`Case IPR2015-01979
`Case IPR2016-00151
`Patent 8,141,154 B2
`
`
`This Order addresses supplemental briefing requested by the Board in
`
`accordance with the following discussion. The facts concerning the
`
`captioned cases are as follows:
`
`1) Case IPR2015-01979, filed by Palo Alto Networks, was instituted
`
`on March 21, 2016, and is scheduled for oral argument on
`
`December 15, 2016;
`
`2) Case IPR2016-00151, also filed by Palo Alto Networks, was
`
`instituted on April 20, 2016, and is scheduled for oral argument on
`
`January 24, 2017;
`
`3) Both ongoing trials involve claims 18, 10, and 11 of Patent No.
`
`8,141,154;
`
`4) The above-captioned cases are neither consolidated nor joined; and
`
`5) The Final Written Decisions under 35 U.S.C. § 318(a) are due by
`
`March 21, 2017 for IPR2015-01979 and by April 20, 2017 for
`
`IPR2016-00151.
`
`In consideration of the above and the upcoming oral arguments (if
`
`requested), the panel directs the filing of briefs concerning the potential
`
`impact of petitioner estoppel under 35 U.S.C. § 315(e)(1) on the captioned
`
`proceedings. 37 C.F.R. § 42.5(a). Petitioner and Patent Owner each shall
`
`file one brief, of no more than 10 pages, by November 15, 2016. This is a
`
`simultaneous briefing schedule, and no replies or other filings are
`
`authorized.
`
`2
`
`
`
`Case IPR2015-01979
`Case IPR2016-00151
`Patent 8,141,154 B2
`
`
`ORDER
`
`It is hereby ORDERED that Petitioner and Patent Owner are each
`
`directed to file one brief, of no more than 10 pages, addressing the potential
`
`impact of petitioner estoppel under § 315(e)(1) on these proceedings;
`
`It is further ORDERED that each party shall file its brief in the record
`
`of the captioned cases, IPR2015-01979 and IPR2016-00151, by November
`
`15, 2016; and
`
`It is further ORDERED that no other filings are authorized.
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2015-01979
`Case IPR2016-00151
`Patent 8,141,154 B2
`
`PETITIONER’s COUNSEL IN IPR2015-01979:
`Orion Armon
`Christopher Max Colice
`Jennifer Volk
`Brian Eutermoser
`COOLEY LLP
`oarmon@cooley.com
`mcolice@cooley.com
`jvolkfortier@cooley.com
`beutermoser@cooley.com
`
`PETITIONER’S COUNSEL IN IPR2016-00151:
`Matthew I. Kreeger
`Jonathan Bockman
`Shouvik Biswas
`MORRISON & FOERSTER LLP
`MKreeger@mofo.com
`FinjanPANMofoTeam@mofo.com
`
`Nathaniel Hamstra
`nathanhamstra@quinnemanuel.com
`
`
`PATENT OWNER’S COUNSEL:
`James Hannah
`Jeffrey H. Price
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`
`Michael Kim
`Finjan, Inc.
`mkim@finjan.com
`
`
`
`
`4
`
`
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