`571-272-7822
`
`
` Paper 5
`
`Date Entered: February 14, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FRIENDFINDER NETWORKS INC., STREAMRAY INC., WMM, LLC,
`WMM HOLDINGS, LLC, AND MULTI MEDIA, LLC,
`
`v.
`
`WAG ACQUISITION, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00784
`Patent 8,364,839 B2
`Case IPR2017-00786
`Patent 8,122,141 B21
`____________
`
`
`GLENN J. PERRY, TREVOR M. JEFFERSON, BRIAN J. McNAMARA,
`and PATRICK M. BOUCHER, Administrative Patent Judges.
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`CONDUCT OF THE PROCEEDING
`37 C.F.R. § 42.5
`
`
`
`1 This Order addresses issues that are identical in related cases. Therefore,
`we exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in any
`subsequent papers.
`
`
`
`IPR2017-00784; IPR2017-00786
`Patent 8,364,839 B2; 8,122,141 B2
`
`
`On December 27, 2016, we instituted inter partes review in
`
`WebPower, Inc. v. WAG Acquisition LLC, Case IPR2016-01239, which
`
`concerns U.S. Patent No. 8,364,839 B2 (“the ’839 Patent”) and in
`
`WebPower, Inc. v. WAG Acquisition LLC, Case IPR2016-01238, which
`
`concerns U.S. Patent 8,122,141 B2 (“the ’141 Patent”).
`
`In IPR2017-00784, FriendFinder Networks Inc., Streamray Inc.,
`
`WMM, LLC, WMM Holdings, LLC, and Multi Media, LLC
`
`(“FriendFinder”) filed a Petition asserting substantially the same grounds
`
`against the ’839 Patent as those on which we instituted trial in IPR2016-
`
`01239. In IPR2017-00786 FriendFinder filed a Petition asserting
`
`substantially the same grounds against the ’141 Patent as those on which we
`
`instituted trial in IPR2016-01238. The Petitions have been accorded a filing
`
`date of January 27, 2017. FriendFinder has also moved to join IPR2017-
`
`00784 to IPR2016-01239 and IPR2017-00786 to IPR2016-01238.
`
`Similar petitions and motions for joinder have been filed by Duodecad
`
`IT Services Luxembourg S.À R.L., Accretive Technology Group, Inc., ICF
`
`Technology, Inc., and Riser Apps LLC (“Duodecad”) and accorded a filing
`
`date of January 27, 2017. Duodecad moved to join IPR2017-00785 with
`
`IPR2016-01239 and to join IPR2017-00820 with IPR2016-01238.
`
`During a telephone conference held on February 6, 2017, WAG
`
`Acquisition, LLC (“Patent Owner”) stated that it plans to oppose all motions
`
`for joinder. During the conference, we discussed a briefing schedule to
`
`accommodate a decision on the joinder motions without significantly
`
`affecting the schedules in IPR2016-01238 and IPR2016-01239. It was
`
`agreed that Patent Owner would file its opposition by February 20, 2017 and
`
`that FriendFinder and Duodecad would file its reply within five days. As
`
`
`
`2
`
`
`
`IPR2017-00784; IPR2017-00786
`Patent 8,364,839 B2; 8,122,141 B2
`
`February 25, 2017 is a Saturday, the reply is due by Monday, February 27,
`
`2017.
`
`In consideration of the above it is
`
`ORDERED that Patent Owner’s Opposition to the Motions for
`
`Joinder by FriendFinder and Duodecad must be filed not later than February
`
`20, 2017; and
`
`FURTHER ORDERED that a Reply to Patent Owner’s Opposition
`
`must be filed by FriendFinder and Duodecad not later than February 27,
`
`3
`
`
`
`
`
`
`
`2017.
`
`
`
`
`
`
`
`IPR2017-00784; IPR2017-00786
`Patent 8,364,839 B2; 8,122,141 B2
`
`PETITIONER:
`
`Frank Gasparo
`fmgasparo@venable.com
`
`Tamatane Aga
`tjaga@venable.com
`
`
`
`PATENT OWNER:
`
`Ernest D. Buff
`Ernest D. Buff & Associates, LLC
`231 Somerville Road
`Bedminster, NJ 07921
`
`Ronald Abramson
`Lewis Baach PLLC
`The Chrysler Building
`405 Lexington Avenue, 62nd Floor
`New York, NY 10174
`
`
`
`
`
`4
`
`
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