Trials@uspto.gov
`571-272-7822
`
`Paper 41
`
`Entered: June 6, 2018
`
`
`
`UN1TED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWITTER, INC.,
`
`Petitioner,
`
`V.
`
`STI-ACQ, LLC,
`
`
`Patent Owner.
`
`Case IPR2017-00829 (Patent 9,083,997 B2)
`
`
`
`
`
`
`Case IPR2017-00830 (Patent 9,083,997 B2)
`
`
`
`Case IPR2017-01131 (Patent 8,464,304 B2)
`
`
`
`Case IPR2017-01133 (Patent 8,601,506 B2)1
`
`GRANT OF GOOD CAUSE EXTENSION
`
`35 USC.§ 316(a)(ll) and 37 C.F.R. § 42.JOO(c)
`
`
`
`
`
`Pursuant to 35 U.S.C. § 316(a)(l l), "the final determination in an
`
`
`
`
`
`
`
`
`
`
`
`
`
`inter partes review [shall] be issued not later than 1 year after the date on
`
`
`
`
`
`which the Director notices the institution of a review under this chapter,
`
`
`
`
`
`
`
`except that the Director may, for good cause shown, extend the I-year
`
`
`
`
`
`
`
`
`
`period by not more than 6 months .... " The Director has delegated the
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`
`
`
`
`
`
`use this caption style.
`
`
`571-272-7822
`
`Paper 41
`
`Entered: June 6, 2018
`
`
`
`UN1TED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWITTER, INC.,
`
`Petitioner,
`
`V.
`
`STI-ACQ, LLC,
`
`
`Patent Owner.
`
`Case IPR2017-00829 (Patent 9,083,997 B2)
`
`
`
`
`
`
`Case IPR2017-00830 (Patent 9,083,997 B2)
`
`
`
`Case IPR2017-01131 (Patent 8,464,304 B2)
`
`
`
`Case IPR2017-01133 (Patent 8,601,506 B2)1
`
`GRANT OF GOOD CAUSE EXTENSION
`
`35 USC.§ 316(a)(ll) and 37 C.F.R. § 42.JOO(c)
`
`
`
`
`
`Pursuant to 35 U.S.C. § 316(a)(l l), "the final determination in an
`
`
`
`
`
`
`
`
`
`
`
`
`
`inter partes review [shall] be issued not later than 1 year after the date on
`
`
`
`
`
`which the Director notices the institution of a review under this chapter,
`
`
`
`
`
`
`
`except that the Director may, for good cause shown, extend the I-year
`
`
`
`
`
`
`
`
`
`period by not more than 6 months .... " The Director has delegated the
`
`
`
`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)
`
`authority to extend the one—year period to the Chief Administrative Patent
`
`Judge. See 37 C.F.R. § 42'.100(c). In particular, 37 C.F.R. § 42.100(c)
`
`provides :
`
`An inter partes review proceeding shall be administered such
`that pendency before the Board after institution is normally no
`more than one year. The time can be extended by up to six
`months for good cause by the Chief Administrative Patent
`Judge .
`.
`.
`.
`
`In accordance with 37 C.F.R. § 42.100(c), the Chief Administrative Patent
`
`Judge has determined that good cause exists to extend the one—year period
`
`for issuing a Final Written Decision in the present proceedings.
`
`On November 30, 2017, YouToo Technologies LLC (“YonToo”), the
`
`Patent Owner at that time, filed for bankruptcy. Ex. 2003 .2 Prior to and
`
`during the bankruptcy, the panel extended the schedule in these proceedings
`
`several times. In particular, on November 8, 2017, the panel extended Due
`
`Dates 1 and 2 (originally set for November l3, 2017 and February 12, 2018
`
`respectively) at Patent Owner’s request and to allow Patent Owner time to
`
`retain new lead counsel. See Paper 17. Following the bankruptcy filing,
`
`Patent Owner moved to stay these proceedings, and during the pendency of
`
`the bankruptcy, the panel extended Due Dates 1 and 2 on December 7, 2017.
`
`Paper 20. The panel further extended Due Date 1 on December 28, 2017,
`
`January 19, 2018, February 26, 2018, and noted that other due dates
`
`following Due Date 1 would be reset in a future order. Papers 23, 24, 31.
`
`2 For expediency and unless otherwise noted, we refer to the papers and
`exhibits in IPR2017-00829.
`
`
`
`IPR2017-00829 (Patent 9,083,997 B2)
`1PR2017-00830 (Patent 9,083,997 B2)
`{PR2017—01 131 (Patent 8,464,304 B2)
`1PR2017-01133 (Patent 8,601,506 B2)
`
`During the bankruptcy, the bankruptcy court approved an agreed order
`
`to sell certain of YouToo’s property, including the patents challenged in
`
`these proceedings. EX. 1029; EX. 1032. On May 1, 2018, the bankruptcy
`
`trustee filed a report of sale indicating the challenged patents have been sold
`
`to STI-ACQ LLC (“STI—ACQ” or “Patent Owner”). IPR2017-001131, Ex.
`
`1032. Mandatory notices were later filed indicating that STLACQ is now
`
`the Patent Owner and real party in interest in these proceedings. IPR2017-
`
`00829, Paper 37; IPR2017-00830, Paper 38; IPR2017-01131, Paper 37;
`
`IPR2017~01 133, Paper 34. In setting the schedule in these proceedings
`
`following the sale, the panel set Due Date 1 for June 29, 2018. Paper 38, 5.
`In other words, the-panel has extended Due Date 1 from November 13, 2017
`
`to June 29, 2018. Papers 11, 38. On May 18, 2018, Patent Owner filed
`
`updated mandatory notices and a power of attorney, indicating that Patent
`
`Owner has retained new lead counsel. Papers 39, 40. Under the unique
`
`circumstances of these cases, including the needed extensions to Due Date 1
`
`as well as the sale of the cha1lenged patents to a new entity during the
`
`bankruptcy proceeding, the Chief Administrative Patent Judge has
`
`determined that good cause exists to extend the one-year period for issuing a
`
`' Final Written Decision.
`
`
`
`David P. Ruschke
`
`Chief Administrative Patent Judge
`
`
`
`IPR2017-00829 (Patent 9,083,997 B2)
`
`
`
`
`
`
`IPR2017-00830 (Patent 9,083,997 B2)
`
`
`
`IPR2017-0l 131 (Patent 8,464,304 B2)
`
`
`
`IPR2017-01133 (Patent 8,601,506 B2)
`
`PETITIONER:
`
`IPR2017-00829, -00830
`David McCombs
`Gregory Huh
`Theodore Foster
`Raghav Bajaj
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`
`gregory.huh.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`raghav.bajaj.ipr@haynesboone.com
`
`IPR2017-01131, -01133
`Todd Siegel
`Andrew Mason
`Robert T. Cruzen
`KLARQUIST SPARKMAN, LLP
`todd.siegel@klarquist.com
`andrew.mason@klarquist.com
`rob.cruzen@klarquist.com
`
`PATENT OWNER:
`Scott McKeown
`ROPES & GRAY LLP
`scott.mckeown@ropes.gray.com
`
`Spencer C. Patterson
`
`GRABLE MARTIN FULTON PLLC
`patterson@gchub.com
`
`Stephen L. Levine
`CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P.
`
`slevine@ccsb.com
`
`4
`
`
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
