`Tel: 571.272.7822
`
`
`
`Paper 18
`Entered: December 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ZTE (USA) INC., ZTE CORPORATION,
`OLYMPUS CORPORATION, OLYMPUS AMERICA INC.,
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner,
`
`
`
`
`
`v.
`
`PAPST LICENSING GMBH & CO. KG,
`Patent Owner.
`____________
`
`Case IPR2017-00714
`Patent 6,470,399 B11
`____________
`
`
`
`Before JONI Y. CHANG, JENNIFER S. BISK, and JAMES B. ARPIN,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 IPR2017-01808 has been joined with this proceeding.
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`
`The instant Petition for inter partes review (“IPR”) were filed by ZTE
`
`(USA) Inc. and ZTE Corporation (collectively, “ZTE”) (Paper 1), and we
`
`instituted a trial in the instant proceeding (Paper 10). Subsequently, we
`
`granted the Motions for Joinder filed by Olympus Corporation and Olympus
`
`America Inc. (collectively, “Olympus”), as well as Samsung Electronics Co.,
`
`Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”).
`
`Paper 16. The Decisions granting the Motions for Joinder indicate that all
`
`Petitioner’s filings must be consolidated, and “no filing by Petitioner
`
`Olympus and Samsung alone will be considered without prior authorization
`
`by the Board.” Id. at 5.
`
`On November 30, 2017, Olympus and Samsung sent an email to the
`
`Board, requesting the authorization to allow them “to make filings and
`
`otherwise participate in this IPR.” Ex. 3002. The email indicates that ZTE
`
`“is in the process of finalizing settlement with Patent Owner and does not
`
`intend to file the Petitioner’s Reply,” and that ZTE “does not oppose the
`
`Joined Petitioners[, Olympus and Samsung,] participating in the IPR,
`
`including taking the depositions of Patent Owner’s expert and filing the
`
`Petiitoner’s Reply.” Id. The email further notes that Olympus and Samsung
`
`had conferred with Patent Owner, and that Patent Owner “does not oppose
`
`the Joined Petitioners’ participation in the IPR provided that ZTE and the
`
`Joined Petitioners will not be filing separate Replies or seeking separate
`
`depositons.” Id.
`
`Based on the facts presented and consistent with our prior Orders in
`
`related cases2, we authorize Olympus and Samsung to participate actively
`
`
`2 See IPR2017-00415, Paper 17, and IPR2017-00443, Paper 16.
`
`2
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`and in coordination in the instant IPR—including filing a joint Petitioner’s
`
`Reply, participating together in coordinated discovery, and presenting an
`
`oral argument at the hearing—but no separate filings, depositions, or oral
`
`arguments from Petitioner are permitted, without prior authorization. See
`
`Paper 17 (dated Nov. 27, 2017, and naming new lead and back-up counsel).
`
`Counsel for Olympus and Samsung should contact the Board’s
`
`administrative staff regarding filing privileges for PTAB E2E electronic
`
`filing system. Other means of filing are not authorized and any substantive
`
`papers previously submitted via email or other means of filing will not be
`
`entered or considered.
`
`ORDER
`
`In consideration of the foregoing, it is:
`
`ORDERED that Olympus and Samsung are authorized to participate
`
`actively and in coordination in the instant IPR, including filing a joint
`
`Petitioner’s Reply, participating together in coordinated discovery, and
`
`presenting an oral argument at the hearing, but no separate filings,
`
`depositions, or oral arguments from Petitioner are permitted, without prior
`
`authorization.
`
`
`
`3
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`For PETITIONER:
`
`Carrier Beyer
`Nikola Colic
`Brian Rupp
`DRINKER BIDDLE & REATH LLP
`carrier.beyer@dbr.com
`nick.colic@dbr.com
`brian.rupp@dbr.com
`
`Dion Bregman
`Andrew Devkar
`MORGAN, LEWIS & BOCKIUS LLP
`dion.bregman@morganlewis.com
`andrew.devkar@morganlewis.com
`
`Scott Miller
`Darren Franklin
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`smiller@sheppardmullin.com
`dfranklin@sheppardmullin.com
`
`
`For PATENT OWNER:
`
`Nicholas Peters
`Paul Henkelmann
`Joseph Marinelli
`Nicole Little
`FITCH, EVEN, TABIN & FLANNERY, LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`jmarinelli@fitcheven.com
`nlittle@fitcheven.com
`
`Anthony Meola
`SCHMEISER, OLSEN & WATTS, LLP
`ameola@iplawusa.com
`
`
`4
`
`
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