`571-272-7822
`
`
`
`Paper No. 7
`Entered: April 7, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`T-MOBILE US, INC., T-MOBILE USA, INC.,
`TELECOMMUNICATION SYSTEMS, INC., ERICSSON INC., and
`TELEFONAKTIEBOLAGET LM ERICSSON
`Petitioner,
`
`v.
`
`TRACBEAM, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00728, Patent 7,525,484 B2
`Case IPR2016-00729, Patent 7,298,327 B2
`Case IPR2016-00745, Patent 7,764,231 B1
`____________
`
`
`
`Before KEVIN F. TURNER, DAVID C. MCKONE,
`BARBARA A. PARVIS, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2016-00728, Patent 7,525,484 B2
`IPR2016-00729, Patent 7,298,327 B2
`IPR2016-00745, Patent 7,764,231 B1
`
`
`A conference call for IPR2016-00728, IPR2016-00729, and IPR2016-
`00745 (“the new proceedings”) was held on April 6, 2016, among Judges
`Turner, McKone, Parvis, and Clements; counsel for Petitioner (Brian Oaks);
`and counsel for Patent Owner (Sean Luner).
`Petitioner filed petitions in IPR2016-00728 and IPR2016-00729 on
`March 8, 2016, and in IPR2016-00745 on March 11, 2016. IPR2016-00728,
`Paper 1; IPR2016-00729, Paper 1; IPR2016-00745, Paper 1.
`Simultaneously, Petitioner filed motions to join those proceedings to
`IPR2015-1708, IPR2015-01712, and IPR2015-01687, respectively.
`IPR2016-00728, Paper 3; IPR2016-00729, Paper 3; IPR2016-00745,
`Paper 3.
`Prior to the conference call, Petitioner emailed to the Board proposed
`schedule changes to IPR2015-01708, IPR2015-01712, and IPR2015-01687
`(“the existing trials”), in order to accommodate a unified schedule in the
`existing trials and the new proceedings, should we grant Petitioner’s motions
`for joinder. Patent Owner confirmed on the conference call that it agreed to
`the revised schedule. We authorized the parties to file stipulations in the
`existing trials agreeing to this schedule, which includes a modification of
`due date 6, as well as other due dates.1
`To accommodate a unified schedule, Petitioner also proposed that
`Patent Owner file preliminary responses in the new proceedings by April 25,
`
`
`1 We also authorized the parties to submit stipulations with the same
`schedule in IPR2015-01681, IPR2015-01711, and IPR2015-01713 (“the
`related trials”), three additional trials involving the same parties and related
`patents.
`
`2
`
`
`
`IPR2016-00728, Patent 7,525,484 B2
`IPR2016-00729, Patent 7,298,327 B2
`IPR2016-00745, Patent 7,764,231 B1
`
`2016. Patent Owner confirmed on the conference call that it agreed to a new
`deadline of April 25, 2016, for these preliminary responses, should Patent
`Owner choose to file them. We accept the parties’ agreement.
`We note that the schedule changes result in a compressed schedule
`approaching the oral arguments in the existing trials and the related trials
`(and the new proceedings, should we institute, join, and set them on the
`same schedule). Petitioner and Patent Owner both represented on the
`conference call that they would work together to spread out the deadlines in
`the event that we do not institute and join the new proceedings or if we
`institute and join the new proceedings significantly earlier than July 25,
`2016.
`
`
`It is
`ORDERED that the deadline for filing a preliminary response in
`IPR2016-00728 is changed to April 25, 2016;
`FURTHER ORDERED that the deadline for filing a preliminary
`response in IPR2016-00729 is changed to April 25, 2016; and
`FURTHER ORDERED that the deadline for filing a preliminary
`response in IPR2016-00745 is changed to April 25, 2016.
`
`
`
`
`
`3
`
`
`
`IPR2016-00728, Patent 7,525,484 B2
`IPR2016-00729, Patent 7,298,327 B2
`IPR2016-00745, Patent 7,764,231 B1
`
`PETITIONER:
`Brian W. Oaks
`brian.oaks@bakerbotts.com
`
`Douglas M. Kubehl
`doug.kubehl@bakerbotts.com
`
`Chad C. Walters
`chad.walters@bakerbotts.com
`
`Ross G. Culpepper
`ross.culpepper@bakerbotts.com
`
`
`
`PATENT OWNER:
`Sean Luner
`sean@dovellaw.com
`
`Steven C. Sereboff
`ssereboff@socalip.com
`
`
`4
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