`
` Paper 10
`Trials@uspto.gov
`Date Entered: March 13, 2017
`571-272-7822
`
`
`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,
`
`DUODECAD IT SERVICES LUXEMBOURG S.À R.L., ACCRETIVE
`TECHNOLOGY GROUP, INC., ICF TECHNOLOGY, INC., RISER APPS
`LLC, and StreamMe, INC. (f/k/a VUBEOLOGY, INC.) 1
`
`v.
`
`WAG ACQUISITION, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00784 (Patent 8,364,839 B2)
`Case IPR2017-00785 (Patent 8,364,839 B2)
`Case IPR2017-00786 (Patent 8,122,141 B2)
`Case IPR2017-00820 (Patent 8,122,141 B22)
`____________
`
`
`GLENN J. PERRY, TREVOR M. JEFFERSON, BRIAN J. McNAMARA,
`and PATRICK M. BOUCHER, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`CONDUCT OF THE PROCEEDING
`37 C.F.R. § 42.5
`
`
`1 StreamMe, Inc. (f/k/a Vubeology, Inc.) is a Petitioner in IPR2016-00820
`only.
`2 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; IPR2017-00785; IPR2017-00786; IPR2017-00820
`Patent 8,364,839 B2; 8,211,141 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”). On January 4,
`2017, we instituted in WebPower, Inc. v. WAG Acquisition LLC, Case
`IPR2016-01238, which concerns U.S. Patent 8,122,141 B2 (“the ’141
`Patent”).
`In IPR2017-00785 Duodecad IT Services Luxembourg S.À R.L.,
`Accretive Technology Group, Inc., ICF Technology, Inc., and Riser Apps
`LLC (“Duodecad”) filed a Petition asserting substantially the same grounds
`against the ’839 Patent as those on which we instituted trial in IPR2016-
`01239. In IPR2017-00820 Duodecad and StreamMe, Inc. (f/k/a Vubeology,
`Inc.) (“StreamMe”), filed a Petition asserting substantially the same grounds
`against the ’141 Patent as those on which we instituted trial in IPR2016-
`01238. IPR2017-00820 was accorded a filing date of Jan. 31, 2017.
`IPR2017-00785 was accorded a filing date of Jan. 27, 2017. Duodecad
`moved to join IPR2017-00785 to IPR2016-01239. Duodecad and
`StreamMe, moved to join IPR2017-00820 to IPR2016-01238.
`Similar petitions and motions for joinder have been filed by
`FriendFinder Networks Inc., Streamray Inc., WMM, LLC, WMM Holdings,
`LLC, and Multi Media, LLC (“FriendFinder”). FriendFinder moved to join
`IPR2017-00784 with IPR2016-01239 and to join IPR2017-00786 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
`
`
`
`2
`
`
`
`IPR2017-00784; IPR2017-00785; IPR2017-00786; IPR2017-00820
`Patent 8,364,839 B2; 8,211,141 B2
`
`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 (and StreamMe in IPR2016-00820) would
`file its reply within five days. Following that conference call, we issued an
`ORDER authorizing Patent Owner to file Oppositions to the Motions for
`Joinder, which Patent Owner has now filed.
`Patent Owner has not yet filed any Preliminary Response in IPR2017-
`00784, IPR2017-00785, IPR2017-00786, and IPR2017-00820. In order for
`the panels to decide the Motions for Joinder, it must consider any
`Preliminary Amendment filed by Patent Owner. We now set a shortened
`time limit for receiving any such Preliminary Response.
`In consideration of the above it is
`ORDERED that Patent Owner must file any Preliminary Amendment
`or waive filing a Preliminary Amendment in each of the captioned cases by
`Monday, March 20, 2017. Failure to file a Preliminary Amendment will be
`regarded as a waiver of filing.
`
`
`
`
`
`
`
`
`PETITIONER:
`Kevin O’Brien
`Richard Wells
`Matt Dushek
`BAKER & MCKENZIE LLP
`kevin.obrien@bakermckenzie.com
`richard.wells@bakermckenzie.com
`matt.dushek@bakermckenzie.com
`
`
`
`3
`
`
`
`IPR2017-00784; IPR2017-00785; IPR2017-00786; IPR2017-00820
`Patent 8,364,839 B2; 8,211,141 B2
`
`
`Brain Bodine
`Alan Minsk
`LANE POWELL PC
`bodineb@lanepowell.com
`minska@lanepowell.com
`
`PATENT OWNER:
`
`Ronald Abramson
`LEWIS BAACH PLLC
`ronald.abramson@lewisbaach.com
`
`Ernest D. Buff
`ERNEST D. BUFF & ASSCOCIATES, L.L.C.
`ebuff@edbuff.com
`
`
`
`
`
`
`
`4
`
`
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