`Tel: 571-272-7822
`
`Paper 8
`Entered: December 2, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD., and SAMSUNG ELECTRONICS
`AMERICA, INC.,
` Petitioner,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01345
`Patent 7,881,236 B2
`____________
`
`
`
`
`
`
`Before WILLIAM V. SAINDON, PETER P. CHEN, and TERRENCE W.
`McMILLIN, Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`DECISION
`Instituting Inter Partes Review and Consolidating with IPR2016-00757
`37 C.F.R. § 42.108 and 37 C.F.R. § 42.122(a)
`
`
`
`
`
`IPR2016-01345
`Patent 7,881,236 B2
`
`
`
`
`INTRODUCTION
`
`We have instituted trial in IPR2016-00757. The Petition herein states that it
`
`“is substantially identical to the petition that ZTE (USA) Inc. et al. filed on May
`31, 2016 in IPR2016-00757 (‘the ZTE proceeding’),” and is “limited to
`substantially the same claims, grounds, arguments, and evidence presented in the
`ZTE proceeding.” Paper 1. Petitioner states that, following institution, it intends
`to seek joinder with the ZTE proceeding under 35 U.S.C. § 315(c), 37 C.F.R.
`§§ 42.22, and 42.122(b). Id.
`For the reasons expressed in our Decision instituting trial in the ZTE
`proceeding, we likewise determine that the record in this proceeding establishes a
`reasonable likelihood that Petitioners will prevail in showing that claims 1–16 of
`U.S. Patent No. 7,881,236 B2 (“the ’236 patent”) are unpatentable. We, therefore,
`institute trial as we did in IPR2016-00757, and consolidate the two inter partes
`reviews, pursuant to 35 U.S.C. § 315(d) and 37 C.F.R. § 42.122(a). A motion for
`joinder is not required.
`
`ORDER
`
`It is
`ORDERED that pursuant to 35 U.S.C. § 314, an inter partes review is
`hereby instituted on the following grounds:
`1. Claims 1–6 of the ’236 patent, under 35 U.S.C. § 103 as obvious over the
`3GPP Technical Specification 300 (the “300 Specification”) and the
`3GPP Technical Specification 321 (the “321 Specification”); and
`2. Claims 7–10 and 12–13 of the ’236 patent, under 35 U.S.C. § 103 as
`obvious over the 300 Specification, the 321 Specification, and the
`Ericsson ’468 patent;
`
`
`
`IPR2016-01345
`Patent 7,881,236 B2
`
`
`
`
`FURTHER ORDERED that pursuant to 35 U.S.C. § 314(d) and 37 C.F.R.
`§ 42.4, notice is hereby given of the institution of a trial on the grounds of
`unpatentability authorized above; the trial commences on the entry date of this
`Decision; and
`FURTHER ORDERED that pursuant to 35 U.S.C. §315(d) and 37 C.F.R.
`§ 42.122(a), this inter partes review is hereby consolidated with the trial in
`IPR2016-00757;
`FURTHER ORDERED that all future filings are to be made in IPR2016-
`00757, using the combined case caption as attached to this Decision;
`FURTHER ORDERED that Petitioner and the Petitioner in IPR2016-00757
`(“Petitioners”) will share all time permitted for depositions and will file all papers,
`except for papers that do not involve the other petitioner, as a consolidated paper,
`and that consolidated papers will not be given additional pages or words unless
`otherwise authorized by the Board;
`FURTHER ORDERED that, if a petitioner wishes to make statements or
`provide information or material separately from the other petitioner in a
`consolidated paper, the paper must identify and attribute such separate statements
`and information or material clearly;
`FURTHER ORDERED that, for purposes of accessing the electronic record,
`counsel for Petitioner will be added as backup counsel of record of the Petitioner in
`IPR2016-00757 (e.g., by filing an appearance in that case), and that only a single
`attorney may be designated as lead counsel for Petitioners;
`FURTHER ORDERED that a copy of this Decision shall be entered in the
`record of IPR2016-00757.
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-01345
`Patent 7,881,236 B2
`
`
`
`PETITIONER:
`James M. Glass
`John T. McKee
`Kevin P.B. Johnson
`Todd M. Briggs
`jimglass@quinnemanual.com
`kevinjohnson@quinnemanual.com
`toddbriggs@quinnemanual.com
`johnmckee@quinnemanual.com
`
`PATENT OWNER:
`Cyrus A. Morton
`Ryan M. Schultz
`cmorton@robinskaplan.com
`rschultz@robinskaplan.com
`
`
`
`
`IPR2016-01345
`Patent 7,881,236 B2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE (USA) INC., HTC CORPORATION, HTC AMERICA,
`SAMSUNG ELECTRONICS CO., LTD., and SAMSUNG ELECTRONICS
`AMERICA, INC.,
` Petitioner,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-007571
`Patent 7,881,236 B2
`____________
`
`
`
`
`
`
`1 IPR2016-01345 has been consolidated with this proceeding.
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