`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`Olympus Corporation, Olympus America Inc.,
`Samsung Electronics Co., Ltd., and
`Samsung Electronics America, Inc.,
`Petitioner,
`
`v.
`
`Papst Licensing GmbH & Co. KG,
`Patent Owner.
`____________________
`
`Case IPR2017-01808
`Patent 6,470,399 B2
`____________________
`
`PAPST LICENSING GMBH & CO. KG’S
`RESPONSE TO PETITIONERS’ MOTION FOR JOINDER
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`In response to Petitioners’ Motion for Joinder (Paper No. 4), Patent
`
`Owner Papst Licensing GmbH & Co. KG (“Papst”) submits it does not
`
`oppose Petitioner’s motion to join IPR2017-01808 with IPR2017-00714 on
`
`the condition that the consolidated proceeding is limited to the instituted
`
`grounds of IPR2017-00714, and subject to the conditions agreed to by
`
`Petitioners in their motion, including their agreement to abide by the current
`
`schedule, to consolidate filings and discovery with the ZTE petitioners, to
`
`refrain from seeking any discovery beyond that sought by the ZTE
`
`petitioners, and to assume a subordinate, understudy role.
`
`
`
`In view of the above, and to allow the Board to issue a decision on
`
`joinder and the Petition, Papst hereby waives its right to file a Preliminary
`
`Response in this proceeding, while reserving its right to do so if joinder is
`
`denied.
`
`
`
`
`
`Dated: August 21, 2017
`
`
`
`120 South LaSalle Street
`Suite 1600
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`
`
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
`
`By: /Paul B. Henkelmann/
`Paul B. Henkelmann
`Registration No. 65,891
`phenkelmann@fitcheven.com
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing Papst Licensing GmbH
`
`& Co. KG’s Response to Petitioners’ Motion for Joinder was served electronically
`
`via email on August 21, 2017, in its entirety on the following counsel of record for
`
`Petitioner:
`
`
`
`
`
`
`
`dion.bregman@morganlewis.com
`andrew.devkar@morganlewis.com
`ahren.hsu-hoffman@morganlewis.com
`ehsun.forghany@morganlewis.com
`
`Brian.Rupp@dbr.com
`Carrie.Beyer@dbr.com
`Nick.Colic@dbr.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: August 21, 2017
`
`
`
`
`
`
`
`
`
`By: /Paul B. Henkelmann/
`Paul B. Henkelmann
`Registration No. 65,891
`phenkelmann@fitcheven.com
`
`
`
`