`571-272-7822
`
`Paper 20
`Entered: May 14, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LENOVO HOLDING COMPANY, INC., LENOVO (UNITED STATES)
`INC., AND MOTOROLA MOBILITY LLC,
`Petitioner,
`
`v.
`
`DODOTS LICENSING SOLUTIONS LLC,
`Patent Owner.
`_______________
`
`IPR2019-01278 (Patent 8,020,083 B1)
`IPR2019-01279 (Patent 8,510,407 B1)1
`_______________
`
`Before JAMES A. WORTH, AMBER L. HAGY, and SHARON FENICK,
`Administrative Patent Judges.
`
`FENICK, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`Patent Owner filed, on behalf of both Patent Owner and Petitioner, a
`
`Notice of Joint Stipulation to modify certain due dates in each of the above-
`
`identified proceedings (IPR2019-01278, Paper 17; IPR2019-01279,
`
`1 This Order applies to each of the listed cases. The parties are not
`authorized to use this caption for subsequent papers.
`
`
`
`IPR2019-01278 (Patent 8,020,083 B1)
`IPR2019-01279 (Patent 8,510,407 B1)
`
`Paper 16) (“Notices”)). These Notices purported to stipulate to a change in
`
`the date for the portion of DUE DATE 3 related to Patent Owner’s reply to
`
`an opposition to amend (or Patent Owner’s revised motion to amend).
`
`IPR2019-01278, Paper 17, 2–3; IPR2019-01279, Paper 16, 2–3. However,
`
`in our Scheduling Order for each of the proceedings, we indicate that “[t]he
`
`parties may stipulate different dates for . . . the portion of DUE DATE 3
`
`related to Patent Owner’s sur-reply” but that “[t]he parties may not stipulate
`
`to a different date for the portion of DUE DATE 3 related to Patent Owner’s
`
`reply to an opposition to amend (or Patent Owner’s revised motion to
`
`amend) without prior authorization from the Board.” IPR2019-01278,
`
`Paper 9, 6; IPR2019-01279, Paper 8, 6.
`
`We issued an Order in each proceeding returning the dates, with the
`
`exception of DUE DATE 1, to the dates set forth in the Scheduling Order.
`
`IPR2019-01278, Paper 18; IPR2019-01279, Paper 19. The Parties then filed
`
`in each proceeding a second Notice of Joint Stipulation, again purporting to
`
`stipulate to a change in the date for the portion of DUE DATE 3 related to
`
`Patent Owner’s reply to an opposition to amend (or Patent Owner’s revised
`
`motion to amend). IPR2019-01278, Paper 19; IPR2019-01279, Paper 19.
`
`On May 4, 2020, we held a teleconference regarding this matter.
`
`Judges Worth, Hagy, and Fenick participated, along with counsel for
`
`Petitioner and counsel for Patent Owner. We explained the issue, and
`
`counsel for Patent Owner indicated that it was not planning to file a motion
`
`to amend in either proceeding. DUE DATE 1, by which date such motion to
`
`amend would have been filed, has now passed in each proceeding.
`
`Therefore, even though the second Notice of Joint Stipulation in each
`
`proceeding purports to change a portion of DUE DATE 3 that, by the terms
`
`2
`
`
`
`IPR2019-01278 (Patent 8,020,083 B1)
`IPR2019-01279 (Patent 8,510,407 B1)
`
`of the Scheduling Order in each proceeding, cannot be changed, that point is
`
`now moot. As no motion to amend has been filed, the portion of DUE
`
`DATE 3 that would apply to further briefing or revision regarding a motion
`
`to amend is no longer applicable. Accordingly, as the basis for restricting
`
`the parties from stipulating to a revised DUE DATE 3 no longer applies, we
`
`honor the parties’ agreements with respect to the due dates changed.
`
`
`
`It is
`
`ORDERED that the due dates for the filings by the parties in
`
`IPR2019-01278 are the due dates set forth in the Scheduling Order (Paper 9)
`
`in that proceeding, except as set forth in the second Notice of Joint
`
`Stipulation (Paper 19); and
`
`FURTHER ORDERED that the due dates for the filings by the parties
`
`in IPR2019-01279 are the due dates as set forth in the Scheduling Order
`
`(Paper 8) in that proceeding, except as set forth in the second Notice of Joint
`
`Stipulation (Paper 19).
`
`
`
`
`
`3
`
`
`
`IPR2019-01278 (Patent 8,020,083 B1)
`IPR2019-01279 (Patent 8,510,407 B1)
`
`PETITIONER:
`
`John C. Alemanni
`Matthew J. Meyer
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpatricktownsend.com
`mmeyer@kilpatricktownsend.com
`
`PATENT OWNER:
`
`Lewis E. Hudnell, III
`HUDNELL LAW GROUP P.C.
`lewis@hudnelllaw.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
