`Trials@uspto.gov
`571-272-7822 Entered: April 28, 2020
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOPRO, INC., GARMIN INTERNATIONAL, INC.,
`AND GARMIN USA, INC.,
`Petitioners,
`
`v.
`
`CELLSPIN SOFT, INC.,
`Patent Owner.
`
`____________
`
`IPR2019-01108
`Patent 9,258,698 B2
`____________
`
`
`Before GREGG I. ANDERSON, DANIEL J. GALLIGAN, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`Per Curiam.
`
`
`
`
`
`
`TERMINATION
`Dismissal after Institution of Trial
`37 C.F.R. § 42.72
`
`
`
`
`
`IPR2019-01108
`Patent 9,258,968
`
`
`Petitioners in this proceeding filed a petition requesting inter partes
`review of the same claims of Patent 9,258,698 B2 that are challenged in
`IPR2019-00131 (“’131 IPR”) on the same grounds at issue in the ’131 IPR.
`Paper 1. Petitioners also filed a Motion for Joinder requesting to join the
`’131 IPR. Paper 4. On November 21, 2019, we instituted trial and granted
`the Motion for Joinder. See Paper 15, 36 (ordering that “IPR2019-01108 is
`instituted and the ’1108 Petitioners are joined with IPR2019-00131”). The
`Decision instituting trial and granting joinder also provided that “no further
`papers will be filed in IPR2019-01108 and all further filings in the joined
`proceedings will be in IPR2019-00131.” Paper 15, 36. Thus, the ’131 IPR
`was the case that moved forward after joinder. A final written decision
`under 35 U.S.C. § 318(a) has been issued in the ’131 IPR. IPR2019-00131,
`Paper 59.
`Our Rules provide that “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate.” 37 C.F.R. § 42.72.
`Under the particular circumstances of this proceeding, namely the joinder of
`Petitioners to the ’131 IPR and the issuance of a final written decision in the
`’131 IPR, we determine that termination of this inter partes review without
`rendering a final written decision is appropriate.
`Accordingly, it is:
`ORDERED that this trial is terminated under 37 C.F.R. § 42.72, and
`no final written decision will be rendered on the record in this proceeding.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2019-01108
`Patent 9,258,968
`
`PETITIONER:
`
`David Xue
`Karineh Khachatourian
`RIMÔN LAW
`david.xue@rimonlaw.com
`karinehk@rimonlaw.com
`
`Jennifer C. Bailey
`Adam P. Seitz
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
`
`
`PATENT OWNER:
`
`John J. Edmonds
`Stephen F. Schlather
`EDMONDS & SCHLATHER, PLLC
`pto-edmonds@ip-lit.com
`sschlather@ip-lit.com
`
`
`
`
`
`
`
`
`3
`
`
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