`571-272-7822
`
`
`
`Paper 16
`Entered: March 15, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00118
`Patent 8,155,342 B2
`____________
`
`
`
`
`
`
`
`Before JAMESON LEE, THOMAS L. GIANNETTI, and HUNG H. BUI,
`Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`
`
`
`
`Our Order entered on March 4, 2016, directed Petitioner to “review
`
`the redactions to Patent Owner’s Preliminary Response (Paper 12) and un-
`redact any portions that reflect information that has been made available to
`the public.” Paper 14. The Order also directed the parties to “meet and
`confer to discuss whether any facts material to the allegation that Petitioner
`has failed to name all real parties-in-interest are in dispute, are public, and
`whether a stipulation to those facts can be entered in place of the
`membership agreements.” Id.
`
`In an email dated March 11, 2016, Petitioner’s counsel reported the
`Petitioner has reviewed the Preliminary Response and determined “that there
`is no need for the redactions.” The email also stated that:
`[Petitioner] has offered to stipulate to a summary of the cited
`material that is public. [Patent Owner] objects to the scope of
`the proffered stipulations as too broad. Thus, the parties are at
`an impasse regarding the scope of the stipulation and
`respectfully request the Board's help in resolving the dispute.
`It is, therefore,
`
`ORDERED that the availability in PRPS of Paper 11, Patent Owner’s
`
`Preliminary Response, shall be changed from “Parties and Board Only” to
`“Public;”
`
`FURTHER ORDERED that Paper 12, the redacted version of the
`Preliminary Response, shall be expunged;
`
`FURTHER ORDERED that by 5 PM ET on March 16, 2016,
`Petitioner shall file as a proposed stipulation the proffered stipulations
`referred to in the above email; and
`
`2
`
`
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`FURTHER ORDERED that no response by Patent Owner is
`
`authorized at this time. The Board will contact the parties if a response by
`Patent Owner to the proposed stipulation or a motion by Petitioner to
`expunge the un-redacted membership agreements is authorized.
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`4
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`Petitioner:
`Paul Haughey
`Scott Kolassa
`Jonathan Stroud
`phaughey@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
`jonathan@unifiedpatents.com
`
`
`
`Patent Owner:
`Peter Lambrianakos
`planbrianakos@brownrudnick.com