UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GLOBALFOUNDRIES U.S. INC.,
`Petitioner
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner
`
`IPR2017-00880
`U.S. Patent No. 6,197,696
`
`PETITIONER’S UNOPPOSED MOTION TO DISMISS PETITION
`FOR INTER PARTES REVIEW
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark
`Office P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GLOBALFOUNDRIES U.S. INC.,
`Petitioner
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner
`
`IPR2017-00880
`U.S. Patent No. 6,197,696
`
`PETITIONER’S UNOPPOSED MOTION TO DISMISS PETITION
`FOR INTER PARTES REVIEW
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark
`Office P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Motion to Dismiss Inter Partes Review No. IPR2017-00880
`
`I.
`
`INTRODUCTION
`
`The Board authorized Petitioner GlobalFoundries U.S. Inc. (“Global”) to file
`
`a motion to dismiss the petition for IPR2017-00880 regarding U.S. Patent No.
`
`6,197,696 (“the ’696 patent”) in an Order issued on April 4, 2017. Global now so
`
`moves. IPR2017-00880 is in its preliminary phase. Patent Owner Godo Kaisha IP
`
`Bridge 1 (“IP Bridge”) has not yet filed a Preliminary Response and the Board has
`
`yet to reach the merits and issue a decision on institution. Global has filed a new
`
`petition for IPR2017-00921 that includes the same invalidity challenges as the
`
`petition for IPR2017-00880, but also includes a second real party-in-interest
`
`GlobalFoundries, Inc. Therefore, Global requests the Board to dismiss the petition
`
`for IPR2017-00880, as the same invalidity challenges are included in the petition for
`
`IPR2017-00921, to preserve the Board’s and parties’ resources and to achieve a just,
`
`speedy, and inexpensive resolution to this dispute. Furthermore, counsel for
`
`Petitioner has conferred with counsel for Patent Owner, and Patent Owner does not
`
`
`
`
`
`
`
`oppose the relief sought by this Motion.
`
`II.
`
`FACTS
`
`1.
`
`2.
`
`IP Bridge is the owner of the ‘696 Patent.
`
`On February 13, 2017, Global filed a petition for inter partes review of
`
`claims 13 and 15 of the ‘696 Patent (IPR2017-00880). The petition, being assigned
`
`IPR2017-00880, includes the same invalidity challenges as in IPR2016-01376. The
`
`Petitioner also concurrently filed a motion for joinder of IPR2017-00880 with
`1
`
`
`
`
`Motion to Dismiss Inter Partes Review No. IPR2017-00880
`IPR2016-01376. IPR2017-00880 was filed with GlobalFoundries U.S. Inc. as the real
`
`
`
`party-in-interest. See IPR2017-00880, Petition, p. 60.
`
`3.
`
`On February 16, 2017, Global filed a new petition for inter partes
`
`review of the ‘696 Patent including the same invalidity challenges as in IPR2017-
`
`00880, but with a second real party-in-interest GlobalFoundries, Inc. (designated
`
`IPR2017-00921). The petition for IPR2017-00921 indicated the Petitioner’s intent to
`
`withdraw IPR2017-00880. See IPR2017-00921, Petition, p. 60, Footnote 13.
`
`4.
`
`The petition in IPR2017-00921 presents the same invalidity challenges
`
`and relies on the same evidence as the petition in IPR2017-00880.
`
`5.
`
`On March 31, 2017, counsel for the Petitioner sought authorization to
`
`file motions to dismiss the original petitions in Cases IPR2017-00880, IPR2017-
`
`00881, IPR2017-00882, and IPR2017-00883 via an email request to the Board. The
`
`Board issued an authorization to file the motions to dismiss the petition in each of
`
`Cases IPR2017-00880, IPR2017-00881, IPR2017-00882, and IPR2017-00883 on
`
`April 4, 2017 via an email. On April 13, 2017, counsel for the Patent Owner
`
`indicated that Patent Owner will not oppose the motions to dismiss in each of the
`
`Cases IPR2017-00880, IPR2017-00881, IPR2017-00882, and IPR2017-00883.
`
`
`
`
`
`III. STATEMENT OF REASONS FOR RELIEF REQUESTED
`
`Good cause exists to dismiss Global’s petition in IPR2017-00880. Dismissal
`
`would preserve the Board’s and the parties’ resources, and would expeditiously
`
`resolve Global’s request, furthering the purpose of IPR challenges. 37 C.F.R. §
`2
`
`
`
`
`
`Motion to Dismiss Inter Partes Review No. IPR2017-00880
`42.1(b). IPR2017-00880 is in its preliminary stage as the Board has not yet
`
`
`
`reached the merits and issued a decision on institution. IP Bridge would not be
`
`prejudiced by dismissal.
`
`The Board “may take up petitions or motions for decisions in any order, may
`
`grant, deny, or dismiss any petition or motion, and may enter any appropriate order.”
`
`37 C.F.R. § 42.71 (a). The Rules governing IPR proceedings “shall be construed
`
`to secure the just, speedy, and inexpensive resolution of every proceeding.” 37
`
`C.F.R. § 42.1(b). The Board has previously granted motions to dismiss using its
`
`authority under at least 37 C.F.R. §§ 42.5(a) and 42.71(a). See, e.g., Samsung
`
`Electronics Co. LTD v. Nvidia Corporation, IPR2015-01270, Paper 11 at p. 3
`
`(PTAB Dec. 9, 2015) (“Nonetheless, the rules provide us the discretion to ‘take up
`
`petitions or motions for decisions in any order’ and to ‘grant, deny, or dismiss any
`
`petition or motion’ or enter any appropriate order.”).
`
`Given that the petition in IPR2017-00921 includes the same challenges and
`
`relies on the same evidence as the petition in IPR2017-00880, the Board should
`
`grant Global’s motion because dismissal would further the purpose of the rules by
`
`justly and expeditiously resolving this dispute without subjecting the Board and the
`
`parties to unnecessary expense involved in further proceedings related to IPR2017-
`
`00880. Dismissal is also a just resolution, as IP Bridge will not be prejudiced by
`
`this Board dismissing IPR2017-00880, but rather will reap the benefit of preserving
`
`its own resources.
`
`
`
`3
`
`
`
`Motion to Dismiss Inter Partes Review No. IPR2017-00880
`
`
`IV. CONCLUSION
`
`The Petitioner respectfully requests that the Board dismiss the petition and
`
`terminate proceedings for IPR2017-00880.
`
`
`
`Date: April 18, 2017
`
`Respectfully submitted,
`
`
`
` /Christopher Carroll/
`Christopher Carroll
`White & Case LLP
`75 State Street
`Boston, MA 02109-1814
`Telephone: (617) 979-9342
`Facsimile: (617) 439-6702
`Lead Counsel for Petitioner
`
`4
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
`
`Unopposed Motion to Dismiss Petition for Inter Partes Review was served on April
`
`18, 2017, via email directed to counsel of record for the Patent Owner at the
`
`following:
`
`Andrew.thomases@ropesgray.com
`sbaughman@paulweiss.com
`Jordan.rossen@ropesgray.com
`James.l.davis@ropesgray.com
`
`/Christopher Carroll/
`White & Case LLP
`75 State Street
`Boston, MA 02109-1814
`Telephone: (617) 979-9342
`Facsimile: (617) 439-6702
`Lead Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
