`571-272-7822
`
`Paper 34
`Entered: May 15, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DELL INC.; EMC CORPORATION; HEWLETT-PACKARD
`ENTERPRISE CO.; HP ENTERPRISE SERVICES, LLC; TERADATA
`OPERATIONS, INC.; and VERITAS TECHNOLOGIES, LLC,1
`Petitioners,
`v.
`REALTIME DATA LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-00176 (Patent 7,161,506 C2)2
`Case IPR2017-00179 (Patent 9,054,728 B2)3
`_______________
`
`Before JASON J. CHUNG, SCOTT C. MOORE, SHEILA F. MCSHANE,
`and KAMRAN JIVANI, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`1 The Petitioner(s) in the respective cases have been identified in this
`consolidated manner for the purpose of brevity. Please refer to the
`individual cases for the identification of the respective Petitioner(s)
`2 Case IPR2017-00806 has been consolidated with IPR2017-00176. Case
`IPR2017-01688 has been joined with IPR2017-00176. The panel for these
`three cases consists of Judges Chung, Moore, and McShane.
`3 Case IPR2017-00808 has been consolidated with IPR2017-00179. Case
`IPR2017-01690 has been joined with IPR2017-00179. The panel for
`these three cases consists of Judges Chung, Moore, and Jivani.
`
`
`
`Cases IPR2017-00176 (Patent 7,161,506 C2)
`Cases IPR2017-00179 (Patent 9,054,728 B2)
`
`
`On April 24, 2018, the Supreme Court held that a decision to
`institute under 35 U.S.C. § 314 may not institute on less than all claims
`challenged in the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661,
`at *10 (U.S. Apr. 24, 2018).
`In these six joined/consolidated proceedings (IPR2017-00176,
`IPR2017-00179, IPR2017-00806, IPR2017-00808, IPR2017-01688,
`and IPR2017-01690), Petitioners asserted unpatentability under
`35 U.S.C. § 103 based on the combinations of Franaszek and Hsu, or in
`the alternative, Franaszek, Hsu, and Sebastian. See, e.g., IPR2017-
`00176, Paper 1, 7; IPR2017-00179, Paper 1, 7. In our Decisions on
`Institution, we instituted as to the combination of Franaszek, Hsu, and
`Sebastian, but did not institute as to the combination of Franaszek and
`Hsu. See, e.g., IPR2017-00176, Paper 19, 19; IPR2017-00179,
`Paper 20, 33.
`On May 2, 2018, after the SAS decision issued, counsel for the
`Petitioners in the lead cases (IPR2017-00176 and IPR2017-00179)
`emailed the Board sua sponte and indicated that Petitioners would
`consent to the Board considering the non-instituted unpatentability
`arguments based on Franaszek and Hsu without further briefing, and
`that they considered these issues fully briefed. See Ex. 3001. Patent
`Owner’s counsel then emailed the Board consenting to this approach.
`See id.
`On May 3, 2018, the Board contacted counsel via email
`requesting written confirmation that all parties in all six
`joined/consolidated proceedings “consent to the Board considering and
`ruling on all patentability arguments set forth in the Petitions (including
`
`2
`
`
`
`Cases IPR2017-00176 (Patent 7,161,506 C2)
`Cases IPR2017-00179 (Patent 9,054,728 B2)
`
`
`the Petitioners’ unpatentability arguments based on (1) Franaszek and
`Hsu, and (2) Franaszek, Hsu, and Sebastian) without further briefing,
`and without further oral argument.” Ex. 3001. Counsel for all parties in
`the six joined/consolidated proceedings responded via email and
`indicated that the parties did not object to the Board following this
`approach in all six proceedings. See Exs. 3002-3006.
`In view of the parties’ consent to the foregoing approach, it is
`ORDERED that our Institution Decisions in IPR2017-00176, IPR2017-
`00179, IPR2017-00806, IPR2017-00808, IPR2017-01688, and IPR2017-
`01690, are modified so as to institute review of all challenged claims on
`all grounds presented in the six corresponding Petitions; and
`FURTHER ORDERED that the Board will rule on all patentability
`arguments set forth in the six Petitions without further briefing, and
`without further oral argument.
`
`
`
`
`
`
`
`3
`
`
`
`Cases IPR2017-00176 (Patent 7,161,506 C2)
`Cases IPR2017-00179 (Patent 9,054,728 B2)
`
`PETITIONER IPR2017-00176, IPR2017-00179:
`Andrew Sommer
`asommer@winston.com
`Thomas Dunham
`tdunham@winston.com
`Garth Winn
`garth.winn@klarquist.com
`Lisa Nguyen
`lisa.nguyen@lw.com
`Robert Steinberg
`bob.steinberg@lw.com
`
`PETITIONER IPR2017-00806, IPR2017-00808:
`Eliot Williams
`eliot.williams@bakerbotts.com
`Jamie Lynn
`jamie.lynn@bakerbotts.com
`Andrew Wilson
`andrew.wilson@bakerbotts.com
`Michelle Eber
`michelle.eber@bakerbotts.com
`
`PETITIONER IPR2017-01688, IPR2017-01690:
`Jonathan Link
`jonathan.link@lw.com
`Lisa Nguyen
`lisa.nguyen@lw.com
`Bob Steinberg
`bob.steinberg@lw.com
`
`
`PATENT OWNER:
`William Rothwell
`william@noroozipc.com
`Kayvan Noroozi
`kayvan@noroozipc.com
`
`4
`
`
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