`571-272-7822
`
`
`
`
`
`Paper 7
`Entered: May 2, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AT&T SERVICES, INC.,
`Petitioner,
`
`v.
`
`CONVERGENT MEDIA SOLUTIONS, LLC,
`Patent Owner.
`
`
`
`Case IPR2017-01235
`Patent 8,850,507 B2
`
`
`
`Before JAMESON LEE, KEN B. BARRETT, and JOHN F. HORVATH,
`Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01235
`Patent 8,850,507 B2
`
`
`I.
`
`INTRODUCTION
`
`On September 8, 2016, Netflix, Inc. and Roku Inc. (“Netflix”) filed a
`
`petition challenging claims 1–18 (“the challenged claims”) of U.S. Patent
`
`No. 8,850,507 B2 (“the ’507 patent”). See Netflix, Inc. and Roku Inc. v.
`
`Convergent Media Solutions, LLC, Case IPR2016-01761 (PTAB
`
`Sep. 8, 2016), Paper 2 (“the related petition”). On March 3, 2017, we
`
`instituted trial on claims 1–17 of the ’507 patent. See id., Paper 7 (“the
`
`related proceeding”).
`
`On April 3, 2017, AT&T Services, Inc. (“AT&T”) filed (1) a petition
`
`challenging claims 1–17 of the ’507 patent on the same grounds which were
`
`instituted for trial in the related petition, and (2) a motion to join AT&T’s
`
`proceeding with the related proceeding. See Papers 1, 3.
`
`On April 24, 2017, Netflix and Convergent Media Solutions, LLC,
`
`(“Patent Owner”, “CMS”) jointly requested authorization to file (1) a joint
`
`motion to terminate the related proceeding, and (2) a request for confidential
`
`treatment of settlement papers pursuant to 37 CFR §42.74(c).
`
`On April 25, 2017, Judges Lee, Barrett, and Horvath conducted a
`
`conference call with counsel for AT&T, Netflix, and CMS. On the call
`
`were Mr. Bernstein and Mr. Ng for Netflix, Mr. Pankratz for AT&T, and
`
`Mr. Bumgardner and Mr. Juren for CMS. During the call, the Board
`
`discussed several upcoming deadlines, including deadlines for filing an
`
`opposition and reply to AT&T’s motion for joinder. Mr. Bumgardner
`
`indicated that CMS intended to file an opposition to AT&T’s motion for
`
`joinder by May 3, 2017, and Mr. Pankratz agreed that AT&T would file a
`
`reply by May 5, 2017. The Board also discussed the upcoming deadline for
`
`CMS to file a preliminary response in this proceeding. Specifically, the
`
`2
`
`
`
`IPR2017-01235
`Patent 8,850,507 B2
`
`Board asked CMS whether it intended to file a preliminary response in this
`
`proceeding given that it did not file such a response in the related
`
`proceeding, and if so, whether it could file the prelimary response by
`
`June 6, 2017, the deadline for CMS to file a response in the related
`
`proceeding. Mr. Bumgardner indicated he would need to consult with his
`
`client prior to answering the Board’s inquiry regarding the filing of a
`
`preliminary response. On April 25, 2017, Mr. Juren, co-counsel for CMS,
`
`emailed the Board indicating that CMS waives its right to file a preliminary
`
`response in this proceeding.
`
`It is hereby:
`
`II. ORDER
`
`ORDERED that the deadline for CMS to file an opposition to
`
`AT&T’s motion for joinder is May 3, 2017;
`
`FURTHER ORDERED that CMS file, pursuant to 37 C.F.R.
`
`42.107(b), a formal waiver of its right to file a preliminary response by
`
`May 3, 2017; and
`
`FURTHER ORDERED that the deadline for AT&T to file a reply to
`
`CMS’s opposition to AT&T’s motion to joinder is May 5, 2017.
`
`
`
`
`
`3
`
`
`
`IPR2017-01235
`Patent 8,850,507 B2
`
`For PETITIONER:
`
`Kurt Pankratz
`Roger Fulghum
`Eliot Williams
`Brian Johnston
`kurt.pankratz@bakerbotts.com
`roger.fulghum@ bakerbotts.com
`eliot.williams@ bakerbotts.com
`brian.johnston@ bakerbotts.com
`
`For PATENT OWNER:
`
`Matthew Juren
`Barry Bumgardner
`matthew@nelbum.com
`barry@nelbum.com
`
`
`4
`
`
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