throbber
Paper 24
`Trials@uspto.gov
`571-272-7822 Entered: January 29, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION and CAVIUM, INC.,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Cases IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)1
`____________
`
`
`
`Before STEPHEN C. SIU, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`1 Cavium, Inc., which filed petitions in Cases IPR2017-01707,
`IPR2017-01714, IPR2017-01718, IPR2017-01728, IPR2017-01735,
`IPR2017-01736, and IPR2017-01737, has been joined as a petitioner in
`these proceedings. This Order applies to each referenced case. The parties
`are not authorized to use this heading style.
`
`

`

`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On January 5, 2018, Patent Owner, Alacritech, Inc., filed an
`authorized Motion for Additional Discovery. See, e.g., IPR2017-01392,
`Paper 18 (“Motion” or “Mot.”).2 On January 10, 2018, Petitioner, Intel
`Corporation and Cavium, Inc., filed an Opposition to Patent Owner’s Motion
`for Additional Discovery. See, e.g., IPR2017-01392, Paper 19
`(“Opposition” or “Opp.”).3 In an e-mail message to the Board on
`January 12, 2018, Patent Owner indicated that Petitioner had expressed
`concern that the Motion improperly included some of Petitioner’s
`confidential information and requested that the Motion filed in each of these
`matters be expunged. In response, the Board informed the parties by e-mail
`that the Motion in each of these matters was re-designated as “Board and
`Parties Only” to protect any alleged confidential information and that the
`Patent Owner was authorized to re-file a redacted version of each Motion by
`January 22, 2018. The Patent Owner did not re-file redacted versions of
`these papers and, in an e-mail message to the Board on January 29, 2018,
`confirmed that they do not intend to re-file the Motion in these matters.
`
`
`2 Related Motions filed in other instituted reviews are identified below.
`3 Related Oppositions filed in other instituted reviews are identified below.
`2
`
`

`

`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`Therefore, the Motion and corresponding Opposition in each of these
`matters will be expunged as of the date of this Order. The papers to be
`expunged are as follows:
`Inter Partes Review Number Paper Numbers Expunged
`IPR2017-01391
`14 (Mot), 15 (Opp)
`IPR2017-01392
`18 (Mot), 19 (Opp)
`IPR2017-01393
`14 (Mot), 15 (Opp)
`IPR2017-01405
`13 (Mot), 14 (Opp)
`IPR2017-01406
`18 (Mot), 19 (Opp)
`IPR2017-01409
`13 (Mot), 14 (Opp)
`IPR2017-01410
`13 (Mot), 14 (Opp)
`
`
`
`3
`
`

`

`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`In consideration of the foregoing, it is hereby:
`ORDERED that the following papers are expunged:
`IPR2017-01391, Papers 14, 15;
`IPR2017-01392, Papers 18, 19;
`IPR2017-01393, Papers 14, 15;
`IPR2017-01405, Papers 13, 14;
`IPR2017-01406, Papers 18, 19;
`IPR2017-01409, Papers 13, 14; and
`IPR2017-01410, Papers 13, 14.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`FOR PETITIONER:
`Patrick D. McPherson
`David T. Xue, Ph.D.
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`DTXue@duanemorris.com
`
`
`FOR PATENT OWNER:
`
`James M. Glass
`Joseph M. Paunovich
`Brian E. Mack
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`joepaunovich@quinnemanuel.com
`brianmack@quinnemanuel.com
`
`Mark Lauer
`SILICON EDGE LAW GROUP LLP
`mark@siliconedgelaw.com
`
`
`5
`
`

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