`Entered: October 19, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE (USA) INC., HTC CORPORATION, and
`HTC AMERICA, INC.,
`Petitioner,
`
`
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`
`____________
`
`Case IPR2016-00758
`Patent 8,218,481 B2
`____________
`
`
`
`
`
`Before CHRISTOPHER L. CRUMBLEY, PETER P. CHEN, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`Case IPR2016-00758
`Patent No. 8,218,481
`
`
`On October 18, 2016, the Board held an Initial Conference Call with
`the parties, represented by their respective counsel.
`The parties stated that they have agreed to modification of the
`schedule set forth in the Scheduling Order (Paper 13), specifically Due
`Dates 1, 2, and 3. The parties further indicated that a stipulation, specifically
`identifying the changed due dates, will be promptly filed.
`The parties indicated that neither party presently intended to request
`authorization to file (or to file) any motions. Patent Owner indicated that it
`did not presently intend to file a motion to amend the claims of the patent.
`Upon inquiry by the Board, the parties provided information
`concerning the status of related matters including the District Court litigation
`and inter partes reviews (IPRs) involving the parties and the patent. The
`parties represented there are presently 18 IPRs which have been filed that
`involve Patent Owner and other parties from the related District Court
`litigations and relate to patents asserted in those litigations. The parties were
`requested to provide the Board with a table detailing specifics regarding
`these 18 IPRs, including: petitioners, patent, challenged claims, grounds
`(statutory basis, challenged claims, references), filing date of petition, and
`filing date of preliminary response. The parties are authorized to provide or
`include any additional information which the parties feel may aid the Board
`in tracking these related matters. The parties are authorized to provide this
`table to the Board by email to the address indicated above including a clear
`statement in the subject line of the email that it relates to this proceeding.
`Upon inquiry by the Board, the parties indicated there were no
`additional matters which they wished to discuss. The Board notes the parties
`did not request that oral argument be held at a different location than that set
`
`
`
`2
`
`
`
`Case IPR2016-00758
`Patent No. 8,218,481
`
`forth in the Scheduling Order (Paper 13 at 4), namely, the San Jose,
`California, USPTO Regional Office.
`Therefore, it is
`ORDERED that the parties shall promptly file the stipulation relating
`to agreed changes in the Scheduling Order; and
`FURTHER ORDERED that the parties shall promptly submit by
`email to the Board the table providing information regarding the 18 filed
`IPRs discussed above in the body of this Order.
`
`
`PETITIONER:
`Charles M. McMahon
`Hersh H. Mehta
`MCDERMOTT WILL & EMERY
`cmcmahon@mwe.com
`hmehta@mwe.com
`
`Stephen S. Korniczky
`Martin Bader
`Ericka J. Schulz
`SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
`skorniczky@sheppardmullin.com
`mbader@sheppardmullin.com
`eschulz@sheppardmullin.com
`
`PATENT OWNER:
`Cyrus A. Morton
`Ryan M. Schultz
`ROBINS KAPLAN LLP
`cmorton@robinskaplan.com
`rschultz@robinskaplan.com
`
`
`
`
`3