`
`Paper: 38
`Entered: May 3, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KAWASAKI RAIL CAR, INC.,
`Petitioner,
`
`v.
`
`SCOTT BLAIR,
`Patent Owner.
`____________
`
`Case IPR2017-01036
`Patent 6,700,602 B1
`____________
`
`
`
`Before JAMESON LEE, SCOTT A. DANIELS, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`
`
`On April 24, 2018, the Supreme Court held that a decision to institute
`under 35 U.S.C. § 314 may not institute on fewer than all claims challenged
`in the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S. Apr.
`24, 2018). In our Decision on Institution, we determined that Petitioner
`demonstrated a reasonable likelihood that it would establish that at least one
`of the challenged claims of the ’602 patent is unpatentable. Paper 10. We
`modify our institution decision to include all of the challenged claims and all
`of the grounds presented in the Petition. See Guidance on the Impact of SAS
`on AIA Trial Proceedings (April 26, 2018), available at
`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
`board/trials/guidance-impact-sas-aia-trial.
`The parties shall confer to discuss the impact, if any, of this Order on
`the current schedule. If, after conferring, the parties wish to otherwise
`change the schedule or submit further briefing, the parties must, within one
`week of the date of this Order, request a conference call with the panel to
`seek authorization for such changes or briefing.
`In consideration of the foregoing, it is hereby:
`ORDERED that our institution decision is modified to include review
`of all challenged claims and all grounds presented in the Petition; and
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine whether they desire any changes to the schedule or any further
`briefing, and, if so, shall request a conference call with the panel to seek
`authorization for such changes or briefing within one week of the date of this
`Order.
`
`
`2
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`
`For PETITIONER:
`Sheila Mortazavi
`Mark A. Chapman
`Zaed M. Billah
`Armin Ghiam
`ANDREWS KURTH KENYON LLP
`SheilaMortazavi@andrewskurthkenyon.com
`MarkChapman@andrewskurthkenyon.com
`ZaedBillah@andrewskurthkenyon.com
`ArminGhiam@andrewskurthkenyon.com
`
`For PATENT OWNER:
`
`Jennifer Meredith
`Sucheta Chitgopekar
`MEREDITH & KEYHANI, PLLC
`jmeredith@meredithkeyhani.com
`sucheta@meredithkeyhani.com
`
`3
`
`