`Trials@uspto.gov
`Filed: January 29, 2019
`571.272.7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SLING TV L.L.C., SLING MEDIA, L.L.C.,
`DISH NETWORK L.L.C., and DISH TECHNOLOGIES L.L.C.,
`Petitioner,
`v.
`REALTIME ADAPTIVE STREAMING, LLC,
`Patent Owner.
`
`Case IPR2018-01332
`Patent 8,934,535 B2
`
`
`
`Before KEVIN W. CHERRY, GARTH D. BAER, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`35 U.S.C. § 314
`
`INTRODUCTION
`I.
`Sling TV L.L.C., Sling Media L.L.C., DISH Network L.L.C., and
`DISH Technologies L.L.C. (collectively, “Petitioner”) filed a Petition (Paper
`2, “Pet.”) to institute an inter partes review of claims 15–17, 19, 21, 22, and
`24 (the “challenged claims”) of U.S. Patent No. 8,934,535 B2 (Exhibit 1001,
`
`
`
`IPR2018-01332
`Patent 8,934,535 B2
`“the ’535 Patent”). Realtime Adaptive Streaming, LLC (“Patent Owner”)
`has filed a Preliminary Response. (Paper 6, “Prelim. Resp.”). With the
`agreement of the parties, we authorized Petitioner to file a Reply to the
`Preliminary Response (Paper 7, “Pet. Reply”), and Patent Owner a Sur-
`Reply (Paper 8, “PO Sur-Reply”). Both the Reply and Sur-Reply were
`limited to the issue of the applicability of the time-bar under 35 U.S.C.
`§ 315(b) to these proceedings.
`On January 22, 2019, Patent Owner filed a Notice of Disclaimer
`(“Notice”) of claims 15–30 of the ’535 Patent in a related case. See
`Ex. 3001. With the Notice, Patent Owner filed a copy of Disclaimer Under
`37 C.F.R. § 1.321(a) (“statutory disclaimer”) and associated filing receipt
`showing that the statutory disclaimer was filed with the Office on
`January 18, 2019. See Ex. 3002.
`Our rules provide that “[n]o inter partes review will be instituted
`based on disclaimed claims.” 37 C.F.R. § 42.107(e). Because all of the
`challenged claims have been disclaimed, no challenged claims remain upon
`which an inter partes review could be instituted. Accordingly, we deny the
`Petition for inter partes review.
`
`II. ORDER
`For the reasons given, it is:
`ORDERED that the Petition for inter partes review is denied.
`
`
`
`
`
`
`2
`
`
`
`IPR2018-01332
`Patent 8,934,535 B2
`
`PETITIONER:
`
`Ruffin Cordell
`cordell@fr.com
`
`Adam Shartzer
`shartzer@fr.com
`
`Brian Livedalen
`bvl@fr.com
`
`
`
`PATENT OWNER:
`
`Neil Rubin
`nrubin@raklaw.com
`
`Kent Shum
`kshum@raklaw.com
`
`
`3
`
`
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