`Trials@uspto.gov
`571-272-7822
`
`Date Entered: May 5, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BUNGIE, INC.,
`Petitioner,
`v.
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00934
`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 IPR2016-00934
`Patent 6,701,344 B1
`
`
`On April 22, 2016, Bungie, Inc. (“Petitioner”) filed a Petition
`
`requesting an inter partes review of claim 1–12 and 16–19 of U.S. Patent
`No. 6,701,344 B1 (Ex. 1101, “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 16–17 of the ’344 patent.1 See 1972 IPR, slip op. at 1 (PTAB March 24,
`2016) (Paper 8); Pet. 1; Mot. 1–2. Petitioner represents that counsel for
`Petitioner, Activision et al., in the 1972 IPR does not oppose joinder. Mot.
`2. Petitioner also represents that the instant petition is “practically a copy of
`the Activision et al. IPR petition with respect to its instituted ground” with
`“a nominal additional of a single dependent claim.” Id. at 1–2.
`
`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.
`
`
`
`1 We did not institute inter partes review of claim 12. In a separate petition,
`Petitioner in the 1972 IPR, Activision et al., has challenged claim 12 of the
`’344 patent and filed a Motion for Joinder seeking to join the proceeding
`with the 1972 IPR. Activision Blizzard, Inc., et al. v. Acceleration Bay, LLC,
`Case IPR2016-00931 (PTAB April 21, 2016) (Paper 2, 3).
`2
`
`
`
`
`Case IPR2016-00934
`Patent 6,701,344 B1
`
`
`
`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,
`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 BUNGIE:
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`FOR PETITIONER ACTIVISION ET AL.:
`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
`Express Mail Label No:
`EF 124 367 596
`
`
`3
`
`
`
`
`
`
`
`
`Case IPR2016-00934
`Patent 6,701,344 B1
`
`Acceleration Bay, Inc.
`370 Bridge Parkway
`Redwood City, CA 94065
`
`James Hannah
`Michael Lee
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Express Mail Label No:
`EF 124 367 605
`
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`
`
`4
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