`571-272-7822
`
`
`
`
`
`Paper 7
`Entered: May 21, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UBER TECHNOLOGIES, INC. AND CHOICE HOTELS
`INTERNATIONAL, INC.
`Petitioner,
`
`v.
`
`FALL LINE PATENTS, LLC
`Patent Owner.
`____________
`
`Case IPR2018-00535
`Patent 9,454,748 B2
`____________
`
`
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. McSHANE, and
`JOHN R. KENNY, Administrative Patent Judges.
`
`KENNY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`Via email to the Board, Petitioners contingently requested a
`conference call to discuss a dispute between the parties regarding the
`number of words contained in the Petition (Paper 1). In particular, after
`describing the dispute, Petitioner stated: “If the Board is concerned about the
`correctness of Uber’s certification, Uber requests a conference call to
`
`
`
`IPR2018-00535
`Patent 9,454,748 B2
`
`
`address Fall Line’s allegations.”1 Via a responsive email, Patent Owner
`disagreed with Petitioners’ characterization of the parties’ dispute.
`Rather than scheduling a conference call, we find that dispute would
`be better addressed through limited briefing. We further find good cause for
`such briefing and authorize, but do not require, each party to file a paper of
`no more than three pages addressing their word-count dispute. If Petitioners
`wish to address this dispute, Petitioners shall file their authorized paper no
`later than seven days from the date of this Order. If Patent Owner wishes to
`respond, Patent Owner shall file its authorized paper no later than fourteen
`days from the date of this Order. No other papers are authorized, and the
`authorized papers shall address only the parties’ word-count dispute.
`We also remind the parties that emails to the Board are for
`administrative purposes only, and to the extent the parties wish to address or
`further address their word-count dispute, they must do so in authorized
`papers. Only discussions contained in authorized papers will be considered.
`
`
`Therefore, it is ORDERED that:
`Each party is authorized, but not required, to file a paper of no more
`than three pages addressing the parties’ dispute regarding the Petition’s
`word count.
`If Petitioners wish to address the parties’ word-count dispute,
`Petitioners shall file its authorized paper no later than seven days from the
`date of this Order.
`
`
`1 Whether Petitioners’ certification is correct is of interest. See 37 C.F.R.
`§ 42.24 (d).
`
`2
`
`
`
`
`IPR2018-00535
`Patent 9,454,748 B2
`
`
`If Patent Owner wishes to respond, Patent Owner shall file its
`authorized paper no later than fourteen days from the date of this Order.
`No other papers are authorized, and the authorized papers shall
`address only the parties’ word-count dispute.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`IPR2018-00535
`Patent 9,454,748 B2
`
`
`
`PETITIONER:
`Jonathan I. Detrixhe
`Gerard M. Donovan
`REED SMITH, LLP
`jdetrixhe@reedsmith.com
`gdonovan@reedsmith.com
`
`PATENT OWNER:
`Terry L. Watt
`CROWE & DUNLEVY
`terry.watt@crowedunlevy.com
`
`Matthew J. Antonelli
`Michael E. Ellis
`Larry D. Thompson, Jr.
`ANTONELLI, HARRINGTON & THOMPSON LLP
`matt@ahtlawfirm.com
`michael@ahtlawfirm.com
`larry@ahtlawfirm.com
`
`
`
`
`4
`
`
`
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