`571-272-7822
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`
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` Paper 53
` Date: May 5, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLIED MATERIALS, INC., INTEL CORPORATION,1 and SAMSUNG
`ELECTRONICS CO., LTD.,2
`Petitioner,
`
`v.
`
`DEMARAY LLC,
`Patent Owner.
`____________
`
`IPR2021-00103 (Patent 7,544,276 B2)3
`IPR2021-00104 (Patent 7,381,657 B2)
`____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, KRISTINA M. KALAN, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`ORDER
`Adjusting One-Year Pendency Due to Joinder
`35 U.S.C. § 316(a)(11); 37 C.F.R § 42.100(c)
`
`
`
`
`1 Intel Corporation filed a petition in IPR2021-01030 and has been joined as a
`petitioner in IPR2021-00103 (IPR2021-00103, Paper 31). Intel also filed a petition
`in IPR2021-01031 and has been joined as a petitioner in IPR2021-00104
`(IPR2021-00104, Paper 38).
`2 Samsung Electronics Co., Ltd. filed a petition in IPR2021-01090 and has been
`joined as a petitioner in IPR2021-00103 (IPR2021-00103, Paper 37). Samsung
`also filed a petition in IPR2021-01091 and has been joined as a petitioner in
`IPR2021-00104 (IPR2021-00104, Paper 42).
`3 This Order addresses issues that are identical in both cases. We exercise our
`discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading in any subsequent papers.
`
`
`
`IPR2021-00103 (Patent 7,544,276 B2)
`IPR2021-00104 (Patent 7,381,657 B2)
`
`
`On May 11, 2021, the Board instituted an inter partes review of claims 1–13
`
`of U.S. Patent No. 7,544,276 B2. IPR2021-00103, Paper 13. On October 29,
`
`2021, the Board joined Intel Corporation as Petitioner from proceeding IPR2021-
`
`01030. Id., Paper 31. On November 22, 2021, the Board joined Samsung
`
`Electronics Co. as Petitioner from proceeding IPR2021-01090. Id., Paper 37.
`
`On May 11, 2021, the Board instituted an inter partes review of claims 1–21
`
`of U.S. Patent No. 7,381,657 B2. IPR2021-00104, Paper 13. On December 10,
`
`2021, the Board joined Intel Corporation as Petitioner from proceeding IPR2021-
`
`01031. Id., Paper 38. On December 20, 2021, the Board joined Samsung
`
`Electronics Co. as Petitioner from proceeding IPR2021-01091. Id., Paper 42.
`
`Pursuant to 35 U.S.C. § 316(a)(11), “the final determination in an inter
`
`partes review [shall] be issued not later than 1 year after the date on which the
`
`Director notices the institution of a review under this chapter, except that the
`
`Director . . . may adjust the time periods in this paragraph in the case of joinder
`
`under section 315(c).” The Director has delegated the authority to adjust the one-
`
`year period to the Board. See 37 C.F.R. § 42.100(c). In particular, 37 C.F.R.
`
`§ 42.100(c) provides:
`
`An inter partes review proceeding shall be administered such that
`pendency before the Board after institution is normally no more than
`one year. The time can be . . . adjusted by the Board in the case of
`joinder.
`
`In accordance with 37 C.F.R. § 42.100(c), the Board adjusts the time of
`
`pendency before the Board in the present proceedings, which involve joinder, to
`
`permit the Board to consider and determine the pending issues. The Board shall
`
`issue Final Written Decisions in these proceedings no later than June 30, 2022.
`
`
`
`2
`
`
`
`IPR2021-00103 (Patent 7,544,276 B2)
`IPR2021-00104 (Patent 7,381,657 B2)
`
`
`It is
`
`ORDERED that the time of pendency in these proceedings, which involve
`
`joinder, is adjusted; and
`
`FURTHER ORDERED that the Board shall issue Final Written Decisions in
`
`these proceeding no later than June 30, 2022.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2021-00103 (Patent 7,544,276 B2)
`IPR2021-00104 (Patent 7,381,657 B2)
`
`PETITIONER:
`
`Naveen Modi
`Joseph Palys
`Philip Ou
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`philipou@paulhastings.com
`
`David Cavanaugh
`Richard Goldenberg
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`richard.goldenberg@wilmerhale.com
`
`Cosmin Maier
`Yung-Hoon Ha
`DESMARAIS LLP
`cmaier@desmaraisllp.com
`yha@desmaraisllp.com
`
`Christopher O'Brien
`DESMARAIS LLP
`cobrien@desmaraisllp.com
`
`
`
`
`PATENT OWNER:
`
`
`Hong Zhong
`Benjamin Hattenbach
`Crawford Wells
`IRELL & MANELLA LLP
`hzhong@irell.com
`bhattenbach@irell.com
`mwells@irell.com
`
`
`
`4
`
`
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