`Tel: 571-272-7822
`
`Paper: 24
`Entered: November 9, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RUIZ FOOD PRODUCTS, INC.,
`Petitioner,
`
`
`
`
`
`v.
`
`MACROPOINT LLC,
`Patent Owner.
`
`Case IPR2017-02016 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1) 1
`
`
`
`
`
`
`
`
`
`
`Before MEREDITH C. PETRAVICK, TREVOR M. JEFFERSON, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`Petitioner requested oral argument on October 19, 2018, in both
`
`IPR2017-02016 and IPR2017-02018 (“the proceedings”). Paper 22
`
`
`1 We exercise our discretion to issue one order to be entered in both these
`proceedings. The parties are not authorized to use this style heading for
`subsequent papers without prior Board approval.
`
`
`
`Case IPR2017-02016 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1)
`
`(IPR207-02016).2 Patent Owner provided notice that it does not seek oral
`
`argument in the proceedings, but would request participation if argument is
`
`granted per Petitioner’s request. Paper 23.
`
`Pursuant to our Order (Paper 17), Patent Owner filed Motions to
`
`Dismiss the proceedings in light of Click-to-Call Techs., LP v. Ingenio, Inc.,
`
`No. 2015-01242 (Fed. Cir. Aug. 16, 2018) (en banc in relevant part) and
`
`relevant facts. Paper 18. Petitioner filed an opposition to Patent Owner’s
`
`Motion to Dismiss (Paper 20) and Patent Owner filed a reply (Paper 21).
`
`The Board has reviewed the parties’ submissions and Petitioner’s
`
`request for oral argument and determined that the hearing scheduled for
`
`November 16, 2018, per our May 19, 2018 Scheduling Order (Paper 8) is
`
`hereby postponed pending a written decision on Patent Owner’s Motions to
`
`Dismiss. The Board will request a conference call to reschedule the oral
`
`hearing in the proceedings, if necessary, following a decision on the Motions
`
`to Dismiss.
`
`It is therefore:
`
`ORDERED that Oral Argument scheduled for November 16, 2018, is
`
`postponed; and
`
`FURTHER ORDERED that Petitioner’s request for oral argument is
`
`held in abeyance.
`
`
`
`
`
`
`2 Similar papers were filed in IPR2017-02018. Throughout this order we
`refer only to the papers filed in IPR2017-02016.
`
`2
`
`
`
`Case IPR2017-02016 (Patent 8,275,358 B1)
`Case IPR2017-02018 (Patent 9,429,659 B1)
`
`PETITIONER:
`
`James Murphy
`jpmurphy@polsinelli.com
`
`Matthew Frontz
`mfrontz@polsinelli.com
`
`Ryan Murphy
`rmurphy@polsinelli.com
`
`
`
`PATENT OWNER:
`
`Mark Johnson
`mjohnson@rennerotto.com
`
`Luis Carrion
`lcarrion@rennerotto.com
`
`Kyle B. Fleming
`kfleming@rennerotto.com
`
`
`3
`
`
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