`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`
`
`LG ELECTRONICS, INC.
`Petitioner,
`
`v.
`
`FASTVDO LLC
`Patent Owner.
`
`_______________
`Case IPR2017-00683
`Patent 5,850,482
`
`_______________
`
`REPLY OF PETITIONER LGE TO THE OPPOSITION BY PATENT
`OWNER FASTVDO TO PETITIONERS REQUEST TO JOIN THE
`CURRENT PROCEEDING WITH IPR2016-01203
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2017-00683
`Patent No. 5,850,482
`
`When LGE asked for this joinder, it asked to act only as the “understudy”
`
`which means LGE basically just observes, while Apple would be in the primary
`
`role, until such time (if any) when Apple settles with the Patent Owner. LGE cited
`
`recent PTAB precedent which approved and supported this approach. In so doing,
`
`LGE specifically proposed that once the joinder was granted, LGE would only file
`
`a pleading (not exceeding five pages) if, after consultation with Apple, LGE
`
`believed that for record preservation purposes only it needed to present a differing
`
`position. LGE deems it unlikely that it ever would have to do such in its
`
`understudy role. Apple agreed to this provision with LGE.
`
`One alternative cited by FVDO in its Opposition (using other precedent)
`
`would require that LGE first seek permission of the PTAB before filing such an
`
`alternative pleading.
`
`LGE has no objection to this alternative and will submit to whatever
`
`procedure the PTAB requires, should it grant LGE’s Request for Joinder. The
`
`remainder of FVDO contentions were previously addressed by LGE as required by
`
`the PTAB Rules and the operative law in LGE’s Request for Joinder made.
`
`Dated: February 21, 2017
`
`
`
`Respectfully submitted,
`
`By:
`
`/David N. Makous/
`David N. Makous
`Registration No.: 29,559
`
`
`
`1
`
`
`
`Case No. IPR2017-00683
`Patent No. 5,850,482
`
`Lee, Hong, Degerman, Kang
`&Waimey
`660 S. Figueroa St., Suite 2300
`Los Angeles, California 90017-3543
`P: (213) 244-7064
`F: (213) 623-2211
`Attorney for Petitioner LG
`Electronics, Inc.
`
`
`
`2
`
`
`
`
`
`
`
`Case No. IPR2017-00683
`Patent No. 5,850,482
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 21, 2017, a true and correct copy of the
`
`foregoing Reply of Petitioner LGE to the Opposition by Patent Owner FastVDO to
`
`Petitioners Request to Join the Current Proceeding with IPR2016-01203 was
`
`served via email, by consent, to Petitioner by serving the correspondence email
`
`addresses of record as follows:
`
`Wayne M. Helge, Reg. No. 56,905
`whelge@dbjg.com
`Walter D. Davis, Reg. No. 45,137
`wdavis@dbjg.com
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Dr., Ste 500
`McLean, VA 22102
`Telephone: (571)765-7700
`Facsimile: (571)765-7200
`
`By:
`
`/David N. Makous/
`Registration No. 29,559
`Attorney for Petitioner LG
`Electronics, Inc.
`
`
`
`
`3
`
`
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