`Tel: 571-272-7822
`
`
`
`
`
`Paper 14
`Entered: May 4, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,1
`Petitioner,
`
`v.
`
`ALEX IS THE BEST, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02056
`Patent 8,134,600 B2
`____________
`
`
`
`Before DANIEL N. FISHMAN, MINN CHUNG, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 The Petition, as filed, named “Google Inc.” as Petitioner. In a later filing,
`Petitioner notified the Board and Patent Owner of a change of name to
`“Google LLC.” Paper 6, 2.
`
`
`
`IPR2017-02056
`Patent 8,134,600 B2
`
`
`On April 24, 2018, the Supreme Court held that a decision to institute
`under 35 U.S.C. § 314 may not institute on less than all claims challenged in
`the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S. Apr.
`24, 2018). In our Decision on Institution, we determined that Petitioner
`demonstrated a reasonable likelihood that it would establish that at least one
`of the challenged claims of the ’600 patent is unpatentable. Paper 8, 2, 46.
`We modify our institution decision to institute on all of the challenged
`claims and all of the grounds presented in the Petition.
`The parties shall confer to discuss the impact, if any, of this Order on
`the current schedule. If, after conferring, the parties wish to change the
`schedule or submit further briefing, the parties must, within one week of the
`date of this Order, request a conference call with the panel to seek
`authorization for such changes or briefing. If the parties do not request such
`a call, the parties waive any request for additional briefing on any newly
`instituted claims and grounds.
`In consideration of the foregoing, it is hereby:
`ORDERED that our institution decision is modified to include review
`of all challenged claims and all grounds presented in the Petition; and
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine whether they desire any changes to the schedule or any further
`briefing, and, if so, shall request a conference call with the panel to seek
`authorization for such changes or briefing within one week of the date of this
`Order.
`
`
`
`
`
`
`2
`
`
`
`IPR2017-02056
`Patent 8,134,600 B2
`
`
`PETITIONER:
`Joshua Larsen
`Jeffrey C. Morgan
`Steven Shipe
`Barnes & Thornburg LLP
`joshua.larsen@btlaw.com
`steven.shipe@btlaw.com
`jeff.morgan@btlaw.com
`
`
`
`PATENT OWNER:
`
`C. ANDREW
`IM IM IP LAW PLLC
`docket@imiplaw.com
`
`
`
`3
`
`
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