`571-272-7822
`
`
`
` Paper 4
`Entered: February 23, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GLOBALFOUNDRIES, INC. and GLOBALFOUNDRIES U.S. INC.,1
`Petitioners,
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`____________
`
`Cases IPR2017-00753, IPR2017-00757, IPR2017-00919,
`and IPR2017-00920 (Patent 6,538,324 B1)
`Cases IPR2017-00849, IPR2017-00850, IPR2017-00925,
`and IPR2017-00926 (Patent 7,126,174 B2)2
`____________
`
`Before JUSTIN T. ARBES, MICHAEL J. FITZPATRICK, and
`JENNIFER MEYER CHAGNON, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`1 GlobalFoundries, Inc. is the petitioner in Cases IPR2017-00753,
`IPR2017-00757, IPR2017-00849, and IPR2017-00850. GlobalFoundries
`U.S. Inc. is the petitioner in Cases IPR2017-00919, IPR2017-00920,
`IPR2017-00925, and IPR2017-00926.
`2 This Order addresses issues pertaining to all eight cases. Therefore, we
`exercise our discretion to issue a single Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`Cases IPR2017-00753, IPR2017-00757, IPR2017-00849, IPR2017-00850,
`IPR2017-00919, IPR2017-00920, IPR2017-00925, and IPR2017-00926
`
`
`A conference call in the above proceedings was held on February 22,
`2017, among respective counsel for Petitioner and Patent Owner, and Judges
`Arbes, Fitzpatrick, and Chagnon. The purpose of the call was to discuss
`Patent Owner’s request for an extension to the deadlines for filing
`(1) oppositions to Petitioner’s motions for joinder in Cases IPR2017-00753,
`IPR2017-00757, IPR2017-00849, and IPR2017-00850, and (2) mandatory
`notice information in Cases IPR2017-00849 and IPR2017-00850, given
`Petitioner’s stated intent to “withdraw[]” the petitions in each of the four
`original cases. See, e.g., IPR2017-00919, Paper 1, 34 n.13. Petitioner
`explained that due to an allegedly inadvertent omission of a real
`party-in-interest in the original petitions, it filed a second set of otherwise
`identical petitions in Cases IPR2017-00919, IPR2017-00920,
`IPR2017-00925, and IPR2017-00926. Petitioner sought authorization to file
`motions to dismiss the original petitions once the new petitions are accorded
`filing dates. Petitioner had no objection to extending the deadlines for
`Patent Owner’s oppositions to the motions for joinder in the original cases,
`and Patent Owner had no objection to Petitioner filing motions to dismiss.
`As explained during the call, we find good cause for extending the
`time for Patent Owner to respond to the motions for joinder, as the motions
`would be rendered moot if the petitions are dismissed. See 37 C.F.R.
`§ 42.5(c)(2). We do not find good cause for delaying Patent Owner’s
`submission of mandatory notice information. Patent Owner shall file
`mandatory notice information in each of the instant proceedings within
`21 days of service of the respective petition, in accordance with 37 C.F.R.
`§ 42.8(a)(2). Finally, under the particular factual circumstances of these
`cases, we find it appropriate to authorize a motion to dismiss the petition in
`
`
`
`
`2
`
`
`
`
`
`Cases IPR2017-00753, IPR2017-00757, IPR2017-00849, IPR2017-00850,
`IPR2017-00919, IPR2017-00920, IPR2017-00925, and IPR2017-00926
`
`each of the original cases. See 37 C.F.R. § 42.71(a). Petitioner should
`explain in each motion why dismissal is warranted, identify any differences
`between the first and second petition, and state whether the motion is
`opposed or unopposed. Should the parties have any issues with respect to
`the motions to dismiss, the parties may request another conference call.
`In consideration of the foregoing, it is hereby:
`ORDERED that the deadline for Patent Owner to file an opposition to
`the motion for joinder in each of Cases IPR2017-00753, IPR2017-00757,
`IPR2017-00849, and IPR2017-00850, is extended to March 31, 2017; and
`FURTHER ORDERED that Petitioner is authorized to file a motion to
`dismiss the petition in each of Cases IPR2017-00753, IPR2017-00757,
`IPR2017-00849, and IPR2017-00850, within one week of a filing date being
`accorded to the corresponding petition in Cases IPR2017-00919,
`IPR2017-00920, IPR2017-00925, and IPR2017-00926.
`
`
`
`
`
`3
`
`
`
`
`
`Cases IPR2017-00753, IPR2017-00757, IPR2017-00849, IPR2017-00850,
`IPR2017-00919, IPR2017-00920, IPR2017-00925, and IPR2017-00926
`
`PETITIONER:
`
`Christopher P. Carroll
`Shamita D. Etienne-Cummings
`WHITE & CASE, LLP
`christopher.carroll@whitecase.com
`setienne@whitecase.com
`
`Kent Cooper
`LAW OFFICE OF KENT J. COOPER
`kent.cooper@kjcooperlaw.com
`
`Adam Floyd
`DORSEY & WHITNEY LLP
`floyd.adam@dorsey.com
`
`PATENT OWNER:
`
`Michael J. Fink
`Neil F. Greenblum
`Arnold Turk
`GREENBLUM & BERNSTEIN, P.L.C.
`mfink@gbpatent.com
`ngreenblum@gbpatent.com
`aturk@gbpatent.com
`
`
`
`
`
`
`
`
`4
`
`
`
`
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