`To:
`Cc:
`
`Subject:
`
`Date:
`
`Trials
`Jonathan Baker
`johnflock@andrewskurthkenyon.com; paulqualey@andrewskurthkenyon.com; 2pjl@knobbe.com;
`2dgm@knobbe.com; dburton@burtoniplaw.com; tom@trpatents.com; Michael Saunders; Kim Jackson
`RE: Sony v. One-E-Way, IPR2016-01638 and IPR2016-01639 - Request for Leave to File Opposition to Motions to
`Terminate
`Friday, February 9, 2018 1:52:11 PM
`
`Counsel,
`
`The request by non-parties Creative Technology Ltd. and Creative Labs, Inc. to file an
`opposition to the Joint Motions to Terminate in IPR2016-01638, 01639 is denied. 35 U.S.C. §
`317(a) provides: “An inter partes review instituted under this chapter shall be terminated with
`respect to any petitioner upon the joint request of the petitioner and the patent owner,
`unless the Office has decided the merits of the proceeding before the request for termination
`is filed. . . . If no petitioner remains in the inter partes review, the Office may terminate the
`review or proceed to a final written decision under section 318(a).” The panel will consider
`the Joint Motions to Terminate in IPR2016-01638, 01639 in light of 35 U.S.C. § 317(a). The
`panel does not believe that it is appropriate or necessary for the non-parties to file an
`opposition to the parties’ Joint Motions to Terminate.
`
`Regards,
`Eric W. Hawthorne
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`
`
`From: Jonathan Baker [mailto:JBaker@farneydaniels.com]
`Sent: Friday, February 9, 2018 12:13 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: johnflock@andrewskurthkenyon.com; paulqualey@andrewskurthkenyon.com;
`2pjl@knobbe.com; 2dgm@knobbe.com; dburton@burtoniplaw.com; tom@trpatents.com; Michael
`Saunders <MSaunders@farneydaniels.com>; Kim Jackson <KJackson@farneydaniels.com>
`Subject: Sony v. One-E-Way, IPR2016-01638 and IPR2016-01639 - Request for Leave to File
`Opposition to Motions to Terminate
`
`To the Members of The Board:
`
`Non-parties Creative Technology Ltd and Creative Labs, Inc. (collectively “Creative”) respectfully seek
`leave to file an opposition to the Motions to Terminate jointly filed by the Petitioner and Patent
`Owner in IPR2016-01638 (Paper No. 39) and IPR2016-01639 (Paper No. 36). In its opposition,
`Creative intends to address the public interest that heavily favors denial of these motions to
`terminate.
`
`
`
`
`To the extent the Board is considering granting these motions notwithstanding the advanced stage
`of the proceedings, Creative submits that good cause exists to allow Creative to submit a short
`opposition addressing the public interest since the public’s interest is not otherwise represented by
`any of the parties to this proceeding.
`
`Respectfully,
`
`Jonathan D. Baker
`Counsel for Non-Parties Creative Technology Ltd and Creative Labs, Inc.
`
`
`Jonathan D. Baker
`FARNEY DANIELS PC
`411 Borel Avenue, Suite 310
`San Mateo, CA 94402
`Office: 424-268-5210
`Fax: 512-582-2829
`Email: jbaker@farneydaniels.com
`
`
`This email is for the use of the intended recipient(s) only. The information contained in this communication may be confidential and may
`be subject to the attorney-client privilege. If you have received this email in error, please notify the sender immediately by replying to
`this transmission or calling Farney Daniels, P.C. at (512) 582-2828 and then delete it. If you are not the intended recipient, you must not
`read, use, disclose, copy or distribute this email or any attachments without the author's prior permission. Unless expressly stated in this
`e-mail, nothing in this message should be construed as a digital signature.
`
`
`
`