`571-272-7822 Entered: December 28, 2017
`
`
`
`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)
`
`
`Pursuant to the authorization in our December 7, 2017, Order (Paper
`20),2 Patent Owner filed a Motion for Stay. Paper 21. Patent Owner filed
`for Chapter 7 bankruptcy in the Western District of Oklahoma on
`November 30, 2017, and Patent Owner asserts that an automatic stay
`pursuant to 11 U.S.C. § 362(a) applies to these proceedings. Id. at 3.
`Petitioner opposes the motion, and asserts that these proceedings are
`excluded from the automatic stay. Paper 22. There is no indication,
`however, that Petitioner has sought relief from the automatic stay from the
`bankruptcy court. On December 20, 2017, Patent Owner also provided a
`status report on the bankruptcy proceedings, indicating that a bankruptcy
`trustee has been appointed and that the first meeting of creditors is scheduled
`for January 2, 2018. Ex. 3002.
`Given the parties’ dispute as to whether the automatic stay applies to
`these proceedings, and to provide Petitioner an opportunity to seek relief
`from the automatic stay (or a determination that it does not apply) by the
`bankruptcy court, DUE DATE 1 in the Scheduling Order is hereby revised
`to February 5, 2018. Due dates following DUE DATE 1 will be reset in a
`future order.
`
`
`2 We refer to the paper and exhibit 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)
`
`
`
`For the foregoing reasons, it is
`ORDERED that DUE DATE 1 in the Scheduling Order for each of
`the above-referenced cases is hereby revised to February 5, 2018, and due
`dates following DUE DATE 1 will be reset in a future order; and
`FURTHER ORDERED that Patent Owner shall provide the Board
`with a status report on the bankruptcy proceedings by email on or before
`January 17, 2018.
`
`
`
`
`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:
`
`Todd M. Siegel
`Andrew M. 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 s
`patterson@gchub.com
`
`Stephen L. Levine
`CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P.
`slevine@ccsb.com
`
`
`
`
`
`
`4
`
`
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