Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 24
`Entered: March 16, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`RUCKUS WIRELESS, INC., BROCADE COMMUNICATION
`SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-00720
`Patent 9,019,838 B2
`_______________
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`DECISION
`Institution of Inter Partes Review
`Grant of Motion for Joinder
`37 C.F.R. §§ 42.108, 42.122(b)
`
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 24
`Entered: March 16, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`RUCKUS WIRELESS, INC., BROCADE COMMUNICATION
`SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-00720
`Patent 9,019,838 B2
`_______________
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`DECISION
`Institution of Inter Partes Review
`Grant of Motion for Joinder
`37 C.F.R. §§ 42.108, 42.122(b)
`
`
`
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`
`I.
`
`INTRODUCTION
`
`Ruckus Wireless, Inc., Brocade Communication Systems, Inc., and
`
`Netgear, Inc. (collectively, “Ruckus”) filed a Petition (Paper 1, “Pet.”)
`
`requesting an inter partes review of claims 1, 2, 7, 26, 29, 38, 39, 40, 47, 55,
`
`and 69 (“the challenged claims”) of U.S. Patent No. 9,019,838 B2 (Ex. 1001,
`
`“the ’838 patent”). Ruckus also filed a Motion for Joinder (Paper 3, “Mot.”)
`
`requesting that it be joined to IPR2016-01397, Juniper Networks, Inc. v.
`
`Chrimar Systems, Inc., a pending inter partes review involving the ’838
`
`patent. Mot. 1. Chrimar Systems, Inc. is the Patent Owner in both
`
`proceedings.
`
`In a joint email from the parties in this proceeding and the parties in
`
`IPR2016-01397, on February 24, 2017, Patent Owner waived its right to file
`
`a preliminary response in this proceeding. Ex. 3001. Patent Owner also
`
`indicates that it does not oppose Ruckus’s Motion for Joinder, provided that
`
`Ruckus maintains an “understudy” role in IPR2016-01397. Paper 9 (“Resp.
`
`to Mot.”), 1. For the reasons discussed below, we institute an inter partes
`
`review on all of the challenged claims in this proceeding, and we grant
`
`Ruckus’s Motion for Joinder.
`
`II. ANALYSIS
`
`A party may be joined to an inter partes review under 35 U.S.C.
`
`§ 315(c). Section 315(c) states:
`
`(c) JOINDER. – If the Director institutes an inter partes review,
`the Director, in his or her discretion, may join as a party to that
`inter partes review any person who properly files a petition
`under section 311 that the Director, after receiving a
`preliminary response under section 313 or the expiration of the
`time for filing such a response, determines warrants the
`institution of an inter partes review under section 314.
`
`2
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`As the moving party, Ruckus bears the burden of proving that it is entitled to
`
`the relief requested in the Motion for Joinder. 37 C.F.R. § 42.20(c).
`
`We instituted an inter partes review in IPR2016-01397 on January 4,
`
`2017. Juniper Networks, Inc. v. Chrimar Sys. Inc., Case IPR2016-01397,
`
`slip op. at 17–18 (PTAB Jan. 4, 2017) (Paper 8) (“Dec. on Inst.”). Ruckus
`
`filed its Motion for Joinder in this case on January 18, 2017. Mot. 7. Thus,
`
`Ruckus filed the Motion for Joinder within one month of institution in
`
`IPR2016-01397, as required by 37 C.F.R. § 42.122(b).
`
`We instituted an inter partes review in IPR2016-01397 on the
`
`following grounds of unpatentability:
`
`Claims
`1, 2, 7, 26, 29, 38, 39,
`40, 47, 55, and 69
`1, 2, 7, 26, 29, 38, 39,
`40, 47, 55, and 69
`
`Basis
`35 U.S.C. § 103(a)
`
`References
`Hunter1 and Bulan2
`
`35 U.S.C. § 103(a)
`
`Bloch,3 Huizinga,4 IEEE
`802.3-1993,5 and IEEE
`802.3-19956
`
`Dec. on Inst. 17–18. The Petition in this case asserts the same grounds of
`
`unpatentability as IPR2016-01397. Pet. 7; Mot. 5 (“The Petition asserts only
`
`grounds that the Board has already instituted in [IPR2016-01397].”); Dec.
`
`on Inst. 17–18. Further, Ruckus agrees to take an understudy role to Juniper
`
`Networks, Inc. (“Juniper”) in IPR2016-01397, and Ruckus agrees to adhere
`
`
`1 PCT Publication No. WO 96/23377 (Aug. 1, 1996). Ex. 1003.
`
`2 U.S. Patent No. 5,089,927 (Feb. 18, 1992). Ex. 1004.
`
`3 U.S. Patent No. 4,173,714 (Nov. 6, 1979). Ex. 1005.
`
`4 U.S. Patent No. 4,046,972 (Sept. 6, 1977). Ex. 1009.
`
`5 IEEE Standard 802.3-1993 (1993). Ex. 1006.
`
`6 IEEE Standard 802.3u-1995 (1995). Ex. 1007; Ex. 1008.
`
`3
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`to the existing trial schedule in IPR2016-01397. Mot. 5–7; Ex. 3001.
`
`Ruckus also shows that joining it to IPR2016-01397 promotes efficiency.
`
`Mot. 4–5.
`
`In sum, we find that 1) the asserted grounds of unpatentability in the
`
`Petition are identical to the grounds of unpatentability in IPR2016-01397; 2)
`
`joinder will not impact the existing trial schedule in IPR2016-01397; 3)
`
`joinder will promote efficiency; and 4) Juniper and Patent Owner do not
`
`oppose joinder. For the foregoing reasons, we institute an inter partes
`
`review in this proceeding on the same grounds that we instituted the inter
`
`partes review in IPR2016-01397, and we join Ruckus to IPR2016-01397.
`
`As a result of joining Ruckus to IPR2016-01397, Ruckus shall adhere
`
`to the existing trial schedule in IPR2016-01397. Any future filings by
`
`Ruckus in IPR2016-01397 shall be consolidated with the filings of Juniper.
`
`If, however, Ruckus has a point of disagreement related to a consolidated
`
`filing, Ruckus may request authorization from the Board to file an
`
`addendum of no more than five pages. If the Board authorizes Ruckus to
`
`file such an addendum, Patent Owner may request authorization from the
`
`Board to file a response of no more than five pages to the addendum. The
`
`page limits and word counts set forth in 37 C.F.R. § 42.24 otherwise apply
`
`to all consolidated filings.
`
`Ruckus is bound by any discovery agreements, including any
`
`deposition arrangements, between Patent Owner and Juniper in IPR2016-
`
`01397, and Ruckus shall not seek any discovery beyond that sought by
`
`Juniper in IPR2016-01397. Patent Owner shall not be required to provide
`
`any additional discovery or deposition time as a result of the joinder. In
`
`IPR2016-01397, Juniper shall designate attorney(s) to conduct the collective
`
`4
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`cross-examination of any witness produced by Patent Owner and the
`
`collective redirect examination of any other witness within the time frames
`
`set forth in 37 C.F.R. § 42.53(c) or as otherwise agreed by Patent Owner
`
`and Juniper. Moreover, if an oral hearing is requested and scheduled in
`
`IPR2016-01397, Juniper shall designate attorney(s) to present a consolidated
`
`argument at the oral hearing.
`
`The Board expects Ruckus, Juniper, and Patent Owner to meet and
`
`confer regarding any disputes between them and to contact the Board only if
`
`such matters cannot be resolved.
`
`III. ORDER
`
`In consideration of the foregoing, it is hereby
`
`ORDERED that an inter partes review is instituted on all of the
`
`challenged claims in IPR2017-00720;
`
`FURTHER ORDERED that Ruckus’s Motion for Joinder is granted,
`
`and Ruckus is joined to IPR2016-01397;
`
`FURTHER ORDERED that the grounds on which IPR2016-01397
`
`were instituted remain unchanged and no other grounds are included in that
`
`proceeding;
`
`FURTHER ORDERED that the Stipulated Schedule (Paper 16) and
`
`Order (Paper 18) in IPR2016-01397 shall govern the trial schedule of that
`
`proceeding;
`
`FURTHER ORDERED that, throughout the proceeding in IPR2016-
`
`01397, Juniper shall file all papers as a single, consolidated filing;
`
`FURTHER ORDERED that Ruckus is bound by any discovery
`
`agreements between Patent Owner and Juniper in IPR2016-01397, and that
`
`Ruckus shall not seek any discovery beyond that sought by Juniper in
`
`5
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`IPR2016-01397;
`
`FURTHER ORDERED that, in IPR2016-01397, Juniper shall
`
`designate attorney(s) to conduct collective cross-examination, redirect
`
`examination, and any other discovery within the time frames set forth by the
`
`rules, including 37 C.F.R. § 42.53(c), or as the parties otherwise agree upon;
`
`FURTHER ORDERED that, in IPR2016-01397, Juniper shall
`
`designate attorney(s) to present argument at the oral hearing, if requested
`
`and scheduled, in a consolidated argument;
`
`FURTHER ORDERED that IPR2017-00720 is terminated under 37
`
`C.F.R. § 42.72, and all further filings will be made in IPR2016-01397;
`
`FURTHER ORDERED that a copy of this Decision will be entered
`
`into the record of IPR2016-01397; and
`
`FURTHER ORDERED that the case caption in IPR2016-01397 shall
`
`be changed to reflect the joinder of Ruckus in accordance with the attached
`
`example.
`
`6
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`
`
`Example Case Caption
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`JUNIPER NETWORKS, INC.,
`RUCKUS WIRELESS, INC.,
`BROCADE COMMUNICATION
`SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-013971
`Patent 9,019,838 B2
`____________
`
`
`
`
`
`
`1 Ruckus Wireless, Inc., Brocade Communication Systems, Inc., and
`Netgear, Inc. (“Ruckus et al.”) filed a petition in (now terminated) IPR2017-
`00720, and Ruckus et al. has been joined to the instant proceeding.
`
`7
`
`
`
`IPR2017-00720
`Patent 9,019,838 B2
`
`PETITIONER:
`
`Joseph A. Powers
`Christopher J. Tyson
`Matthew S. Yungwirth
`DUANE MORRIS LLP
`japowers@duanemorris.com
`cjtyson@duanemorris.com
`
`
`
`PATENT OWNER:
`
`Frank A. Angileri
`Thomas A. Lewry
`Marc Lorelli
`Christopher C. Smith
`BROOKS KUSHMAN P.C.
`CHRMC0110IPR2@brookskushman.com
`
`
`Richard W. Hoffmann
`REISING ETHINGTON P.C.
`hoffmann@reising.com
`
`
`
`8
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
