`571-272-7822
`
`Paper 30
`Entered: July 18, 2017
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`SONY CORPORATION, SONY MOBILE COMMUNICATIONS (USA) INC.,
`SONY MOBILE COMMUNICATIONS AB, and SONY MOBILE
`COMMUNICATIONS INC.,
`Petitioner,
`
`v.
`
`CREATIVE TECHNOLOGY LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-01407
`Patent 6,928,433
`____________
`
`
`Before THOMAS L. GIANNETTI, PATRICK M. BOUCHER, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`
`HAAPALA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2016-01407
`Patent 6,928,433
`
`
`
`
`A conference call was held between counsel for the parties and Judges
`
`
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`Giannetti, Boucher, and Haapala on July 17, 2017. The purpose of the call was to
`
`discuss Patent Owner’s email request, under 37 C.F.R. 42.20(b), for authorization
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`to file a motion to dismiss for lack of jurisdiction on the basis that the inter partes
`
`review proceeding violates Article III and the Seventh Amendment of the
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`Constitution. See Ex. 3003. Petitioner opposes the request. Id. Patent Owner’s
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`email has been entered in the record as Exhibit 3003.
`
`Patent Owner indicates the purpose of its request is to preserve the issue in
`
`light of the Supreme Court’s recent grant of certiorari in Oil States Energy
`
`Services, LLC v. Greene’s Energy Group, LLC, 2017 WL 2507340 (U.S. June 12,
`
`2017). But, Patent Owner also acknowledges that its argument is foreclosed under
`
`existing Federal Circuit precedent. See id.; see also MCM Portfolio LLC v.
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`Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015) (holding inter partes review
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`does not violate Article III or the Seventh Amendment right to a jury trial).
`
`Under the circumstances, rather than additional briefing that would result
`
`from filing a motion, Patent Owner agreed during the call that entry of an order
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`noting its request would be sufficient for its intended purpose of preserving the
`
`issue raised by the proposed motion. Accordingly, Patent Owner’s position is
`
`noted and its request for authorization to file a motion to dismiss is denied.
`
`
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`It is, therefore,
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`ORDERED that Patent Owner’s request for authorization to file a motion to
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`dismiss is denied.
`
`
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`
`2
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`
`
`
`
`
`IPR2016-01407
`Patent 6,928,433
`
`For PETITIONER:
`
`Randy Pritzker
`rpritzker-ptab@wolfgreenfield.com
`
`Michael Rader
`mrader-ptab@wolfgreenfield.com
`
`Robert Abrahamsen
`rabrahamsen-ptab@wolfgreenfield.com
`
`Andrew Tibbetts
`atibbetts-ptab@wolfgreenfield.com
`
`
`For PATENT OWNER:
`
`Jonathan Baker
`jbaker@farneydaniels.com
`
`Russ Swerdon
`russ_swerdon@creativelabs.com
`
`Gurtej Singh
`tsingh@farneydaniels.com
`
`
`
`3
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`
`
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