throbber
Trials@uspto.gov
`571-272-7822
`
`
`
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`
`
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`
`
`
`
`
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` Paper No. 18
`
`
` Entered: April 26, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`
`v.
`
`FRAUNHOFER-GESELLSCHAFT ZUR FORDERNUNG DER
`ANGEWANDTEN E.V.,
`Patent Owner.
`____________
`
`Case IPR2018-00681 (Patent 7,061,997 B1)
`IPR2018-00682 (Patent 6,931,084 B1)
`IPR2018-00689 (Patent 6,993,084 B1)
`IPR2018-00690 (Patent 6,314,289 B1)
`____________
`
`
`Before JEFFREY S. SMITH, STACEY G. WHITE,
`MICHELLE N. WORMMEESTER, and GARTH D. BAER,
`Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`

`

`IPR2018-00681 (Patent 7,061,997 B1)
`IPR2018-00682 (Patent 6,931,084 B1)
`IPR2018-00689 (Patent 6,993,084 B1)
`IPR2018-00690 (Patent 6,314,289 B1)
`
`
`In each of the above captioned cases, Sirius XM Radio Inc. (“Petitioner”)
`
`filed a Request for Rehearing of our decision denying institution of inter partes
`
`review based on Petitioner’s failure to identify Sirius XM Holdings as a real party
`
`in interest (RPI). We invite Petitioner to file a brief, limited to no more than 7
`
`pages and due within 10 days of the entry date of this order, addressing the Board’s
`
`recently designated precedential decisions in Proppant Express Investments, LLC
`
`v. Oren Technologies, LLC, Case IPR2017-01917 (PTAB Feb. 13, 2019) (Paper
`
`86), and Adello Biologics LLC v. Amgen Inc., Case PGR2019-00001 (PTAB Feb.
`
`14, 2019) (Paper 11). In Particular, we invite Petitioner to address those cases’
`
`impact on Petitioner’s Request for Rehearing. Patent Owner Fraunhofer-
`
`Gesellschaft zur Förderung der angewandten Forschung e.V (“Patent Owner”) may
`
`file a response to Petitioner’s brief. Patent Owner’s response is also limited to 7
`
`pages and is due within 10 days after Petitioner files its brief. The parties should
`
`file the same brief in each of the above captioned cases.
`
`
`
`SO ORDERED.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`

`

`IPR2018-00681 (Patent 7,061,997 B1)
`IPR2018-00682 (Patent 6,931,084 B1)
`IPR2018-00689 (Patent 6,993,084 B1)
`IPR2018-00690 (Patent 6,314,289 B1)
`
`PETITIONER:
`
`Jonathan Caplan
`jcaplan@kramerlevin.com
`
`Jeffrey Price
`jprice@kramerlevin.com
`
`Shannon Hedvat
`shedvat@kramerlevin.com
`
`
`
`PATENT OWNER:
`
`Ben Yorks
`byorks@irell.com
`
`Babak Redjaian
`bredjaian@irell.com
`
`David McPhie
`dmcphie@irell.com
`
`
`
`
`
`
`3
`
`
`
`

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