`571-272-7822
`
`
`
`
`
`
`Paper 39
`Entered: July 12, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner,
`
`v.
`
`CYWEE GROUP LTD,
`Patent Owner.
`____________
`
`Case IPR2018-01257 (Patent 8,552,978 B2)
`Case IPR2018-01258 (Patent 8,441,438 B2)
`
`____________
`
`
`
`Before PATRICK M. BOUCHER, KAMRAN JIVANI, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`A conference call was held with Patent Owner and the Google
`
`Petitioner in these proceedings on July 8, 2019, to discuss Patent Owner’s
`
`request for authorization to file a Motion to Terminate the proceedings
`
`because of Petitioner’s alleged failure to identify all real parties in interest.
`
`Patent Owner advances theories under both 35 U.S.C. § 312(a)(2), which
`
`requires that “the petition identifies all real parties in interest,” and § 315(b)
`
`which precludes institution of inter partes review if the petition “is filed
`
`more that 1 year after the date on which the petitioner, real party in interest,
`
`or privy of the petitioner is served with a complaint alleging infringement of
`
`the patent.” A court reporter retained by Patent Owner was present on the
`
`call, and Patent Owner will file a copy of the transcript when it is available.
`
`During the call, we authorized filing of Patent Owner’s proposed
`
`Motion, and directed the parties to meet and confer to propose a briefing
`
`schedule, which the parties jointly filed on July 11, 2019. Paper 34. We
`
`adopt the parties’ jointly proposed schedule.
`
`
`
`Accordingly, it is
`
`ORDERED that Patent Owner is authorized to file a Motion to
`
`Terminate these proceedings by July 19, 2019;
`
`FURTHER ORDERED that Petitioner is authorized to file an
`
`Opposition to the Motion by August 9, 2019;
`
`FURTHER ORDERED that Patent Owner is authorized to file a
`
`Reply to the Opposition by August 30, 2019; and
`
`FURTHER ORDERED that the briefs shall comply with the page
`
`limits set forth for motions, oppositions, and replies in 37 C.F.R. § 42.24.
`
`
`
`
`
`2
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`PETITIONER:
`
`Matthew A. Smith
`Andrew S. Baluch
`SMITH BALUCH LLP
`smith@smithbaluch.com
`baluch@smithbaluch.com
`
`
`James Sobieraj
`Jon Beaupre
`Yeuzhong Feng
`Andres Shoffstall
`BRINKS GILSON & LIONE
`jsobieraj@brinksgilson.com
`jbeaupre@brinksgilson.com
`yfen@brinksgilson.com
`ashoffstall@brinksgilson.com
`
`
`Naveen Modi
`Chetan Bansal
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`chetanbansal@paulhastings.com
`
`Collin Park
`Andrew Devkar
`Jeremy Peterson
`Adam Brooke
`MORGAN LEWIS & BOCKIUS LLP
`collin.park@morganlewis.com
`andrew.devkar@morganlewis.com
`jpeterson@morganlewis.com
`adam.brooke@morganlewis.com
`
`
`Kristopher Reed
`Benjamin Klein
`Norris Boothe
`
`3
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`KILPATRICK TOWNSEND
`kreed@kilpatricktownsend.com
`bkleinman@kilpatricktownsend.com
`nboothe@kilpatricktownsend.com
`
`
`PATENT OWNER:
`Jay P. Kesan
`DIMURO GINSBERG PC-DGKEYIP GROUP
`jkesan@dimuro.com
`
`
`
`
`4
`
`
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