`
`———————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————————
`
`TWITTER, INC.,
`
`Petitioner
`
`v.
`
`YOUTOO TECHNOLOGIES, LLC,
`
`Patent Owner
`
`———————————
`
`Case IPR2017-01131
`
`U.S. Patent No. 8,464,304
`
`———————————
`
`PATENT OWNER’S MOTION FOR STAY
`
`
`
`Case IPR2017-001131
`Patent Owner’s Motion for Stay
`
`LIST OF EXHIBITS
`
`2001
`
`Official Notice of Bankruptcy Case Filing, U.S. Bankruptcy Court for
`the Western District of Oklahoma, Case No., 17-14849 (filed
`November 30, 2017)
`
`
`
`!2
`
`
`
`Case IPR2017-001131
`Patent Owner’s Motion for Stay
`
`Pursuant to 37 C.F.R. § 42.20(b) and the Board’s Order on the conduct of the
`
`proceedings entered on December 7, 2017, authorizing this motion, Patent Owner
`
`hereby moves for a stay of the above-captioned proceeding.
`
`On November 30, 2017, Patent Owner filed a petition under 11 U.S.C.
`
`Section 301 for Chapter 7 bankruptcy in Case No. 17-14849 in the U.S.
`
`Bankruptcy Court for the Western District of Oklahoma. (Ex. 2003) Pursuant to 11
`
`U.S.C. §362(a) (emphasis added):
`
`Except as provided in subsection (b) of this section, a petition filed under
`section 301, 302, or 303 of this title … operates as a stay, applicable to all
`entities, of—
`(1) the commencement or continuation … of a judicial,
`administrative, or other action or proceeding against the debtor that
`was or could have been commenced before the commencement of the
`case under this title….
`
`The Patent Trial and Appeal Board is part of the Patent and Trademark
`
`Office, which is an administrative agency, and oversees administrative
`
`proceedings, including Inter Partes Reviews (“IPRs”), see 35 U.S.C. §§1 & 6.
`
`IPRs are thus administrative proceedings that are subject to 11 U.S. Code §362(a)
`
`(1). The Patent Owner Youtoo Technologies, LLC in the present IPR is the debtor
`
`in the bankruptcy petition. While 11 U.S.C. §362(b) sets forth exceptions to the
`
`automatic stay provisions of 11 U.S.C. §362(a) (e.g., for criminal proceedings and
`
`certain actions or proceedings pertaining to family law issues), none of the
`
`exceptions apply here. Accordingly, the filing of the bankruptcy petition operates
`
`
`
`!3
`
`
`
`Case IPR2017-001131
`Patent Owner’s Motion for Stay
`
`as an automatic stay of the continuation of the above-captioned Inter Partes
`
`Review.
`
`Moreover, pursuant to 11 U.S.C. §362(c)(2):
`
`the stay of any other act under subsection (a) of this section continues until
`the earliest of—
`(A) the time the case is closed;
`(B) the time the case is dismissed; or
`(C) if the case is a case under chapter 7 of this title concerning an
`individual or a case under chapter 9, 11, 12, or 13 of this title, the time
`a discharge is granted or denied….
`
`Accordingly, Patent Owner respectfully requests that the Board grant a stay
`
`pending closing or dismissal of the bankruptcy, or lifting of the stay by the
`
`Bankruptcy Court.
`
`Dated: December 13, 2017
`
`Respectfully submitted,
`
`
`
` /Spencer C. Patterson/
`Spencer C. Patterson (Reg. No. 43,849)
`Grable Martin Fulton PLLC
`1914 Skillman St., Ste. 110-144
`Dallas, TX 75206 Tel.:
`(214) 396-8601
`Fax.: (214) 988-0775
`
`
`
`!4
`
`
`
`Case IPR2017-001131
`Patent Owner’s Motion for Stay
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
`
`counsel for Petitioner a true and correct copy of the foregoing “Patent Owner’s
`
`Motion for Stay” by electronic means on December 13, 2017 at the following
`
`email addresses of record:
`
`Lead Counsel
`Todd M. Siegel
`KLARQUIST SPARKMAN, LLP
`121 SW Salmon Street, Suite 1600,
`Portland, Oregon, 97204
`Tel: 503-595-5300
`Fax: 503-595-5301
`todd.siegel@klarquist.com
`
`Backup Counsel
`Andrew M. Mason
`KLARQUIST SPARKMAN, LLP
`121 SW Salmon Street, Suite 1600,
`Portland, Oregon, 97204
`Tel: 503-595-5300
`Fax: 503-595-5301
`andrew.mason@klarquist.com
`
`Dated: December 13, 2017
`
`Robert T. Cruzen
`KLARQUIST SPARKMAN, LLP
`121 SW Salmon Street, Suite 1600,
`Portland, Oregon, 97204
`Tel: 503-595-5300
`Fax: 503-595-5301
`rob.cruzen@klarquist.com
`
`
`
` /Spencer C. Patterson/
`Spencer C. Patterson (Reg. No. 43,849)
`Grable Martin Fulton PLLC
`1914 Skillman St., Ste. 110-144
`Dallas, TX 75206 Tel.:
`(214) 396-8601
`Fax.: (214) 988-0775
`
`
`
`!5
`
`
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