`571-272-7822
`
`
`Paper No. 6
`
`Entered: July 14, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC. and WHATSAPP INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-01257 (Patent 8,199,747 B2)
`Case IPR2017-01365 (Patent 8,243,723 B2)
`Case IPR2017-01427 (Patent 8,995,433 B2)
`Case IPR2017-01428 (Patent 8,995,433 B2)1
`____________
`
`
`Before MIRIAM L. QUINN, KERRY BEGLEY, and
`CHARLES J. BOUDREAU Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(c)(1)
`
`
`
`
`
`
`1 This order addresses issues common to all cases. We exercise our
`discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`IPR2017-01257 (Patent 8,199,747 B2)
`IPR2017-01365 (Patent 8,243,723 B2)
`IPR2017-01427 (Patent 8,995,433 B2)
`IPR2017-01428 (Patent 8,995,433 B2)
`
`
`The Board is authorized to set or modify times by order. 37 C.F.R.
`
`§ 42.5(c)(1). Currently, the due dates for the filing of preliminary responses
`
`in the above-referenced proceedings and related proceedings
`
`IPR2017-01523 and IPR2017-01524, which involve the same parties and a
`
`related patent, are staggered between August 3, 2017, and September 9,
`
`2017. We determine that the interests of justice and efficiency favor
`
`modifying the deadline for filing the preliminary response in the
`
`above-captioned proceedings under 37 C.F.R. § 42.107(b) and 35 U.S.C.
`
`§ 313. This modification provides Patent Owner the option, should it elect
`
`to file a preliminary response, to file its preliminary response on the latest of
`
`the deadlines currently set in these related proceedings, i.e., the September 9,
`
`2017, deadline in IPR2017-01523 and IPR2017-01524. In other words, we
`
`extend the deadline for Patent Owner’s preliminary response in the
`
`above-captioned proceedings to September 9, 2017.
`
`
`
`Accordingly, it is
`
`ORDERED that, in each of the above-captioned proceedings, Patent
`
`Owner may file a preliminary response to the petition no later than
`
`September 9, 2017; and
`
`FURTHER ORDERED that, in each of the above-captioned
`
`proceedings, Patent Owner may file an election to waive the preliminary
`
`response no later than September 9, 2017.
`
`
`
`
`
`2
`
`
`
`IPR2017-01257 (Patent 8,199,747 B2)
`IPR2017-01365 (Patent 8,243,723 B2)
`IPR2017-01427 (Patent 8,995,433 B2)
`IPR2017-01428 (Patent 8,995,433 B2)
`
`For PETITIONER:
`
`Heidi L. Keefe
`Phillip E. Morton
`COOLEY LLP
`hkeefe@cooley.com
`pmorton@cooley.com
`
`For PATENT OWNER:
`
`Brett Mangrum
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`
`
`3
`
`
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