`571-272-7822
`
`Paper No. 25
`Entered: February 1, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TWITTER, INC.,
`Petitioner,
`
`v.
`
`YOUTOO TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`IPR2017-00829 (Patent 9,083,997 B2)
`IPR2017-00830 (Patent 9,083,997 B2)
`IPR2017-01131 (Patent 8,464,304 B2)
` IPR2017-01133 (Patent 8,601,506 B2)1
`____________
`
`Before SALLY C. MEDLEY, CHARLES J. BOUDREAU, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`IPR2017-00829 (Patent 9,083,997 B2)
`IPR2017-00830 (Patent 9,083,997 B2)
`IPR2017-01131 (Patent 8,464,304 B2)
`IPR2017-01133 (Patent 8,601,506 B2)
`
`
`A conference call in these cases took place on January 31, 2018. The
`
`parties were represented by their respective counsel. In addition, the
`
`bankruptcy trustee for Patent Owner was present on the call. The purpose of
`
`the call was to discuss the status of Patent Owner’s bankruptcy and whether
`
`any party planned to address with the bankruptcy court the issue of whether
`
`the automatic stay under 11 U.S.C. § 362 applies to the above-referenced
`
`proceedings.
`
`Prior to the call, the Board requested the parties meet and confer with
`
`each other and with the trustee as to whether they would stipulate in the
`
`bankruptcy court that the automatic stay does not apply to these proceedings
`
`or that the bankruptcy court should grant relief from such a stay. During the
`
`call, Patent Owner and the trustee reported that they were not amenable to
`
`such a stipulation. The trustee also represented that he agrees with Patent
`
`Owner’s position in the motion to stay (Paper 21)2 (i.e., that the automatic
`
`stay applies to these proceedings). Petitioner informed the Board that it
`
`intends to file a motion in the bankruptcy court seeking a determination that
`
`the automatic stay does not apply to these proceedings or seeking relief from
`
`such a stay.
`
`Accordingly, it is
`
`ORDERED that Patent Owner shall file a reply in support of its
`
`Motion to Stay on the current schedule (no later than February 5, 2018);
`
`FURTHER ORDERED that Patent Owner shall provide the Board
`
`with a status report on the bankruptcy proceedings by email on or before
`
`
`2 We refer to the paper numbers in IPR2017-00829.
`
`2
`
`
`
`
`
`IPR2017-00829 (Patent 9,083,997 B2)
`IPR2017-00830 (Patent 9,083,997 B2)
`IPR2017-01131 (Patent 8,464,304 B2)
`IPR2017-01133 (Patent 8,601,506 B2)
`
`February 19, 2018, and every thirty (30) days thereafter until ordered
`
`otherwise in these proceedings; and
`
`FURTHER ORDERED that Petitioner shall file as exhibits in these
`
`proceedings any filings in the bankruptcy court made by either or both of the
`
`parties, the trustee, or any third party and any opinions or orders of the
`
`bankruptcy court related to whether the automatic stay applies to these
`
`proceedings or whether relief should be granted from such a stay. Petitioner
`
`shall make such filings in these proceedings no more than five (5) business
`
`days after the item is filed or entered in the bankruptcy court.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00829 (Patent 9,083,997 B2)
`IPR2017-00830 (Patent 9,083,997 B2)
`IPR2017-01131 (Patent 8,464,304 B2)
`IPR2017-01133 (Patent 8,601,506 B2)
`
`PETITIONER:
`
`David L. McCombs
`David.mccombs.ipr@haynesboone.com
`
`Gregory P. Huh
`Gregory.huh.ipr@haynesboone.com
`
`Theodore Foster
`Ipr.theo.foster@haynesboone.com
`
`Raghav Bajaj
`Raghav.bajaj.ipr@haynesboone.com
`
`PATENT OWNER:
`
`
`Scott McKeown
`Scott.mckeown@ropesgray.com
`
`Spencer Patterson
`spatterson@gchub.com
`
`Stephen Levine
`slevine@ccsb.com
`
`
`
`
`4
`
`
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