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`Paper: 26
`Entered: May 9, 2018
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VIPTELA, INC.,
`Petitioner,
`
`v.
`
`FATPIPE NETWORKS PRIVATE LIMITED,
`Patent Owner.
`_______________
`
`Case IPR2017-00684
`Patent 6,775,235 B2
`____________
`
`
`
`Before STACEY G. WHITE, MICHELLE N. WORMMEESTER, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`CHRISTA P. ZADO, Administrative Patent Judge.
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`
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`
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`ORDER
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`
`
`IPR2017-00684
`Patent 6,775,235 B2
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`
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`On April 24, 2018, the Supreme Court held that a decision to institute
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`under 35 U.S.C. § 314 may not institute on less than all claims challenged in
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`the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S. Apr.
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`24, 2018). In our Decision on Institution, we determined that Petitioner
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`demonstrated a reasonable likelihood that it would establish that at least one
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`of the challenged claims of U.S. Patent No. 6,775,235 B2 is unpatentable.
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`Paper 8, 3, 18–19. However, we did not institute as to all challenged claims
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`and all grounds presented in the Petition. Id. at 19; Paper 4 (Petition). We
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`modify our institution decision to include review of all the challenged claims
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`and all the grounds presented in the Petition.
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`The Parties shall confer to discuss the impact, if any, of this Order on
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`the current schedule. If, after conferring, the parties wish to submit further
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`briefing, the parties must, within one week of the date of this Order, request
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`a conference call with the panel to seek authorization for such briefing.
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`In consideration of the foregoing, it is hereby:
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`ORDERED that our institution decision is modified to include review
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`of all challenged claims and all grounds presented in the Petition; and
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`FURTHER ORDERED that Petitioner and Patent Owner shall confer
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`to determine whether they desire any further briefing, and, if so, shall
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`request a conference call with the panel to seek authorization for such
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`briefing within one week of the date of this Order.
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`
`
`2
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`
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`IPR2017-00684
`Patent 6,775,235 B2
`
`
`PETITIONERS:
`
`Robert Hiltion
`Jason W. Cook
`George Davis
`McGURIE WOODS LLP
`rhilton@mcguirewoods.com
`gdavis@mcguirewoods.com
`jcook@mcguirewoods.com
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`
`
`
`PATENT OWNER:
`
`Robert Mattson
`Thomas C. Yebernetsky
`OBLON, McCLELLAND, MAIER & NEUSTADT, LLP
`CPDdocketMattson@oblon.com
`CPDocketYebernetsky@oblon.com
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`
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`3
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`