`Trials@uspto.gov
`571-272-7822
`
`Date Entered: May 4, 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., and
`ROCKSTAR GAMES, INC.,
`Petitioner,
`v.
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00931
`Patent 6,701,344 B1
`____________
`
`Before LYNNE E. PETTIGREW and WILLIAM M. FINK,
`Administrative Patent Judges.
`
`FINK, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-00931
`Patent 6,701,344 B1
`
`
`On April 21, 2016, Activision Blizzard, Inc., Electronic Arts Inc.,
`
`Take-Two Interactive Software, Inc., 2K Sports, Inc., and Rockstar Games,
`Inc. (collectively, “Petitioner”) filed a Petition requesting an inter partes
`review of claim 12 of U.S. Patent No. 6,701,344 B1 (Ex. 1201, “the ’344
`patent”). Paper 2 (“Pet.”). On the same day, Petitioner filed a Motion for
`Joinder pursuant to 35 U.S.C. § 315(c), seeking to join this proceeding with
`Activision Blizzard, Inc., et al. v. Acceleration Bay, LLC, Case IPR2015-
`01972 (“the 1972 IPR”). Paper 3 (“Mot.”). In the 1972 IPR, we instituted
`inter partes review of claims 1–11 and 16–19 of the ’344 patent, but we did
`not institute inter partes review of claim 12 of the ’344 patent. See 1972
`IPR, slip op. at 23 (PTAB March 24, 2016) (Paper 8); Pet. 1–2; Mot. 1–2. In
`an April 26, 2016 email to the Board, Petitioner indicates counsel for Patent
`Owner opposes “further briefing.”
`
`Patent Owner, Acceleration Bay, LLC, if it wishes, may file an
`opposition to Petitioner’s Motion for Joinder, limited to 15 pages, no later
`than May 25, 2016.
`
`Patent Owner may file a preliminary response to the Petition no later
`than May 25, 2016. This is a shortened time for filing a preliminary
`response. Patent Owner may, in the alternative, file an election to waive the
`preliminary response to expedite the proceeding.
`
`
`ORDER
`
`
`
`Accordingly, it is:
`ORDERED that Patent Owner is authorized to file an opposition to
`Petitioner’s Motion for Joinder of this proceeding with Activision Blizzard,
`
`2
`
`
`
`
`
`
`Case IPR2016-00931
`Patent 6,701,344 B1
`
`
`Inc., et al. v. Acceleration Bay, LLC, Case IPR2015-01972, limited to 15
`pages, no later than May 25, 2016; and
`FURTHER ORDERED that Patent Owner may file a preliminary
`response to the Petition, or file an election to waive the preliminary
`response, no later than May 25, 2016.
`
`FOR PETITIONER:
`J. Steven Baughman
`Andrew Thomases
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`andrew.thomases@ropesgray.com
`
`
`
`
`
`FOR PATENT OWNER:
`Perkins Coie LLP - Boeing
`P.O. Box 1247
`Patent - SEA
`Seattle WA 98111-1247
`
`Acceleration Bay, Inc.
`370 Bridge Parkway
`Redwood City, CA 94065
`
`Paul J. Andre
`James Hannah
`Michael Lee
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park CA 94025
`pandre@kramerlevin.com
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`
`3
`
`
`
`
`
`
`Case IPR2016-00931
`Patent 6,701,344 B1
`
`
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`1177 Avenue of the Americas
`New York NY 10036
`shedvat@kramerlevin.com
`
`
`
`
`
`4
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