`571-272-7822
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`
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` Paper 5
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` Entered: July 31, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS COMPANY, LTD.,
`Petitioner,
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`____________
`
`Case IPR2017-01746 (Patent 6,017,221)1
`Case IPR 2017-01747 (Patent 5,711,849)
`Case IPR 2017-01748 (Patent 5,711,849)
`Cases IPR2017-01749, IPR2017-01750,
`IPR2017-01751, IPR2017-01752 (Patent RE 40,264)
`____________
`
`
`Before CHRISTOPHER L. CRUMBLEY and KIMBERLY McGRAW,
`Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`1 This order addresses issues common to the listed cases; therefore, we issue
`a single order to be entered in each case. The parties are not authorized to
`use this style heading for any papers.
`
`
`
`IPR2017-01746 (Patent 6,017,221)
`IPR2017-01747 (Patent 5,711,849)
`IPR 2017-01748 (Patent 5,711,849)
`
`
`IPR2017-01749, IPR2017-01750,
`IPR2017-01751, IPR2017-01752
`
`(Patent RE 40,264)
`
`The Board held a conference call on Wednesday, July 26, 2017, to
`discuss scheduling issues in IPRs2017-01746 though -01752 (“Current
`Proceedings”), including a request by Samsung Electronics Company, Ltd.
`(“Petitioner”) to shorten the time for Daniel L. Flamm (“Patent Owner”) to
`file his Preliminary Response. Counsel for Petitioner, counsel for Patent
`Owner, and Judges Crumbley and McGraw participated on the call.
`In each of the Current Proceedings, Petitioner has filed a Motion for
`Joinder to join each Current Proceeding with one of the following instituted
`proceedings against Patent Owner: IPR2017-00279, IPR2017-00280,
`IPR2017-00281, IPR2017-00282, IPR2017-00391, IPR2017-00392, and
`IPR2017-00406 (“Previous Proceedings”). During the call, Petitioner stated
`that each Petition in the Current Proceedings is essentially a copy of one of
`the Petitions that was filed in one the Previous Proceedings, raising only
`those grounds on which the Board instituted trial in the Previous
`Proceedings. Petitioner further requested that the deadline for Patent Owner
`to file his Preliminary Response in each of the Current Proceedings be
`shortened to August 10, 2017, which is the current deadline for Patent
`Owner to file his opposition to Petitioner’s Motions for Joinder. Patent
`Owner states that he has not yet had a chance to thoroughly review the
`Petitions filed in the Current Proceedings, but if the Petitions in the Current
`Proceedings are the same as the Petitions in the Previous Proceedings, such
`that there is nothing new added, then Patent Owner is amenable to
`shortening the deadline for filing the Preliminary Responses.
`
`2
`
`
`
`IPR2017-01746 (Patent 6,017,221)
`IPR2017-01747 (Patent 5,711,849)
`IPR 2017-01748 (Patent 5,711,849)
`
`
`IPR2017-01749, IPR2017-01750,
`IPR2017-01751, IPR2017-01752
`
`(Patent RE 40,264)
`
`Following discussion, Petitioner agreed to file its replies to Patent
`Owner’s oppositions to Petitioner’s Motions for Joinder by Monday, August
`14, 2017. The parties further agreed to meet and confer on or before that
`date and discuss an agreeable date when Patent Owner’s Preliminary
`Responses in the Current Proceedings will be due. The parties are to inform
`the Board of the results of the meet and confer no later than August 14,
`2017, or earlier if they prefer. Petitioner also agreed to contact the
`petitioners in each of the Previous Proceedings to determine whether those
`petitioners oppose Petitioner’s Motions for Joinder and to so inform the
`Board.
`In view of the foregoing, it is
`ORDERED that the parties meet and confer to agree upon a date when
`Patent Owner’s Preliminary Response in the Current Proceedings will be
`due and that the parties so inform the Board via email of the results of the
`meet and confer no later than August 14, 2017;
`FURTHER ORDERED that Petitioner’s Reply to Patent Owner’s
`Opposition to the Motions for Joinder in each of the Current Proceedings is
`due is August 14, 2017; and
`FURTHER ORDERED that Petitioner is to contact the petitioners in
`the Previous Proceedings to determine whether the petitioners will oppose
`Petitioner’s Motions for Joinder in the Current Proceedings and so inform
`the Board via email no later than August 14, 2017.
`
`
`
`3
`
`
`
`IPR2017-01749, IPR2017-01750,
`IPR2017-01751, IPR2017-01752
`
`(Patent RE 40,264)
`
`IPR2017-01746 (Patent 6,017,221)
`IPR2017-01747 (Patent 5,711,849)
`IPR 2017-01748 (Patent 5,711,849)
`
`FOR PETITIONER:
`Naveen Modi
`naveenmodi@paulhastings.com
`
`Joseph Palys
`joseph.palys@finnegan.com
`
`Chetan Bansal
`chetanbansal@paulhastings.com
`
`FOR PATENT OWNER:
`George Summerfield
`Summerfield@StadheimGrear.com
`
`Christopher Frerking
`chris@ntknet.com
`
`
`
`
`4
`
`
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