`571.272.7822
`
`Paper No. 11
`Filed: October 5, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`ZTE CORPORATION AND ZTE (USA), INC.,
`Petitioner,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC,
`Patent Owner.
`
`Case IPR2017-01079
`Patent 8,457,676 B2
`
`
`
`Before BRYAN F. MOORE, GREGG I. ANDERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`ERRATA
`
`The Board substitutes the following for the text starting at “IV.
`ORDER” on pages 6–8 of the Decision to Institute in this case, entered on
`October 4, 2017 (Paper 10):
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-01079
`Patent 8,457,676 B2
`IV. ORDER
`For the reasons given, it is
`ORDERED that ZTE’s Motion for Joinder is granted;
`
`FURTHER ORDERED that IPR2017-01079 is instituted and ZTE are
`
`joined with IPR2016-01501;
`FURTHER ORDERED that the ground on which IPR2016-01501 was
`instituted remains unchanged and no other grounds are included in the joined
`proceeding;
`FURTHER ORDERED that the Scheduling Order (Paper 8) in
`IPR2016-01501 shall govern the schedule of the joined proceeding;
`FURTHER ORDERED that, throughout the joined proceeding, HTC
`shall file all papers as a single consolidated filing;
`FURTHER ORDERED that ZTE are bound by any discovery
`agreements between Patent Owner and HTC in IPR2016-01501 and that
`ZTE shall not seek any discovery beyond that sought by HTC;
`FURTHER ORDERED that ZTE shall not take an active role in these
`proceedings without prior authorization of the Board;
`FURTHER ORDERED that HTC in the joined proceeding shall
`designate attorney(s) to conduct the cross-examination, redirect, and any
`other discovery, within the timeframes set forth by the rules in the joined
`proceeding, including 37 C.F.R. § 42.53(c), or as the parties otherwise agree
`upon;
`
`FURTHER ORDERED that HTC in the joined proceeding shall
`designate attorney(s) to present argument at the oral hearing in the joined
`proceeding, if requested and scheduled, in a consolidated argument;
`FURTHER ORDERED that IPR2017-01079 is terminated under
`37 C.F.R. § 42.72 and all further filings in the joined proceedings will be in
`2
`
`
`
`
`
`
`
`
`IPR2017-01079
`Patent 8,457,676 B2
`IPR2016-01501;
`FURTHER ORDERED that a copy of this Decision will be entered
`into the record of IPR2016-01501; and
`FURTHER ORDERED that the case caption in IPR2016-01501 shall
`be changed to reflect joinder of this proceeding in accordance with the
`attached example.
`
`For PETITIONER:
`Steven A. Moore
`Brian Nash
`Rene Mai
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`steve.moore@pillsburylaw.com
`brian.nash@pillsburylaw.com
`rene.mai@pillsburylaw.com
`
`
`For PATENT OWNER:
`
`Terry A. Saad
`Nicholas C. Kliewer
`BRAGALONE CONROY P.C.
`tsaad@bcpc-law.com
`nkliewer@bcpc-law.com
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`IPR2017-01079
`
`Patent 8,457,676 B2
`Example Case Caption for Joined Proceeding
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HTC CORPORATION, HTC AMERICA, INC.,
`ZTE CORPORATION, AND ZTE (USA), INC.,
`Petitioner,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC,
`Patent Owner.
`____________
`
`Case IPR2016-015011
`Patent 8,457,676 B2
`____________
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 ZTE Corporation and ZTE (USA), Inc. filed a petition in (now terminated)
`IPR2017-01079, and have been joined to the instant proceeding.
`4
`
`
`
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