`Tel: 571-272-7822
`
`Paper 18
`Entered: September 8, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01493
`Patent 8,457,676 B2
`_________
`
`
`
`
`
`
`
`Before BRYAN F. MOORE, GREGG I. ANDERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2016-01493
`Patent 8,457,676 B2
`
`BACKGROUND
`
`A conference call was held on September 7, 2017, among counsel for
`
`Cellular Communications Equipment LLC (“Patent Owner”), counsel for
`
`Apple Inc., counsel for HTC Corporation, HTC America, Inc., ZTE
`
`Corporation, ZTE (USA), Inc. (respectively “Apple,” “HTC entities,” and
`
`“ZTE entities”), and Judges Moore, Anderson, and Hudalla. The call was
`
`initiated at the request of Apple and Patent Owner to request authorization to
`
`file a joint motion to terminate this proceeding, IPR2016-01480, and
`
`IPR2016-01500 as between Apple and Patent Owner. Counsel for the HTC
`
`and ZTE entities participated in the call as a party in IPR2016-01480.
`
`During the call, the HTC and ZTE entities stated that a motion to join this
`
`proceeding is pending in IPR2017-01081. See HTC Corporation, HTC
`
`America, Inc., ZTE Corporation, ZTE (USA), Inc. v. Cellular
`
`Communications Equipment LLC, IPR2017-01081, Motion for Joinder,
`
`Paper 3. Because the pending motion for joinder in IPR2017-01081 could
`
`affect our treatment of a motion to terminate this proceeding, we do not
`
`authorize Apple and Patent Owner to file a joint motion to terminate at this
`
`time. Notwithstanding, Apple and Patent Owner may again seek
`
`2
`
`
`
`IPR2016-01493
`Patent 8,457,676 B2
`
`authorization to file a joint motion to terminate after our disposition of the
`
`joinder motion in IPR2017-01081.
`
`ORDER
`
`IT IS THEREFORE ORDERED that the request for authorization to
`
`file a joint motion to terminate is denied; and
`
`FURTHER ORDERED that Apple and Patent Owner may again seek
`
`authorization to file a joint motion to terminate after the disposition of the
`
`motion for joinder in Case IPR2017-01081.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-01493
`Patent 8,457,676 B2
`
`PETITIONER:
`
`Clint Wilkins clint.wilkins.ipr@haynesboone.com
`Andrew Ehmke andy.ehmke.ipr@haynesboone.com
`Scott Jarratt scott.jarratt.ipr@haynesboone.com
`
`
`PATENT OWNER:
`
`Terry Saad tsaad@bcpc-law.com
`Nicholas Kliewer nkliewer@bcpc-law.com
`
`
`PETITIONER IN IPR2017-01081
`
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`Steven A. Moore steve.moore@pillsburylaw.com
`Rene Mai rene.mai@pillsburylaw.com
`Brian Nash brian.nash@pillsburylaw.com
`
`
`
`4
`
`