`571-272-7822
`
`Paper 24
`Entered: August 31, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NETNUT LTD,
`Petitioner,
`v.
`BRIGHT DATA LTD.,
`Patent Owner.
`
`IPR2021-01492 (Patent 10,257,319)
` IPR2021-01493 (Patent 10,484,510)1
`
`
`
`
`
`
`
`
`
`
`
`Before THOMAS L. GIANNETTI, SHEILA F. McSHANE, and
`RUSSELL E. CASS, Administrative Patent Judges.
`PER CURIAM.
`
`
`ORDER
`STAY OF PROCEEDINGS
`37 C.F.R. § 42.5
`
`
`
`1 The parties are not authorized to use this caption.
`
`
`
`
`
`IPR2021-01492 (Patent 10,257,319)
`IPR2021-01493 (Patent 10,484,510)
`I. BACKGROUND
`NetNut Ltd.’s petitions in these proceedings for inter partes review of
`U.S. Patent No. 10,257,319 B2 (“the ’319 patent”) and U.S. Patent No,
`10,484,510 B2 (“the ’510 patent”) were granted on March 21, 2022. Paper
`12.2
`
`On July 25, 2022, this panel entered decisions denying institution of
`inter partes review of the ’319 and ’510 patents, respectively, in IPR2021-
`00861 and IPR2022-00862. See IPR2022-00861, Paper 17; IPR2022-00862,
`Paper 17. Those decisions also denied the requested joinder with,
`respectively, IPR2021-01492 and IPR2021-01493. Id.
`On August 23, 2022, the Director of the United States Patent and
`Trademark Office, sua sponte, vacated the panel decisions denying
`institution in IPR2022-00861 and IPR2022-00862 and remanded those cases
`to the panel “to consider the Patent Owner’s remaining arguments, including
`those for discretionary denial under Fintiv[3] and against the merits of the
`Petitioner’s patentability challenges.” Code200, UAB v. Bright Data Ltd.,
`IPR2022-00861, -00862, Paper 18 (PTAB Aug. 23, 2022) (precedential).
`II. DISCUSSION
`The Director’s August 23, 2022 decision in Code200 calls upon the
`panel “to consider the Patent Owner’s remaining arguments [in IPR2022-
`00861 and IPR2022-00862], including those for discretionary denial under
`Fintiv and against the merits of the Petitioner’s patentability challenges.”
`
`
`2 Citations refer to paper numbers in IPR2021-01492. Similar papers were
`filed in IPR2021-01493.
`3 Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB March 20,
`2020) (precedential).
`
`2
`
`
`
`IPR2021-01492 (Patent 10,257,319)
`IPR2021-01493 (Patent 10,484,510)
`Code200, Paper 18 at 7. To allow time for consideration of whether to
`institute inter partes review in IPR2022-00861 and IPR2022-00862 and the
`possible joinder of those proceedings with these cases,4 the panel has
`determined that there is good cause to vacate the current Scheduling Orders
`in IPR2021-01492 and IPR2021-01493, including any prior modifications to
`the Due Dates, and to stay these proceedings. This will allow the panel time
`to consider Director’s directives on remand and to evaluate whether to
`proceed with inter partes review in IPR2021-00862 and IPR2021-00863, as
`well as to consider whether to join those cases to these proceedings. We
`note that if there is institution and joinder of IPR2022-00861 and IPR2022-
`00862 to IPR2021-01492 and IPR2021-01493, respectively, the schedules
`for the joined cases will be reconsidered and revised Scheduling Orders will
`be issued.
`
`III. ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the Scheduling Orders in IPR2021-01492 and
`
`IPR2021-01493 (including any subsequent orders modifying the Due Dates
`in those Scheduling Orders) are hereby vacated;
`
`FURTHER ORDERED that all proceedings in IPR2021-01492 and
`IPR2021-01493 are stayed until further notice; and
`FURTHER ORDERED that the stays in Reexamination Control Nos.
`90/14,875 and 90/14,876 shall remain in effect and no further filings in those
`reexaminations are permitted.
`
`
`4 Joinder was denied in IPR2022-00861 and IPR2022-00862 due to the
`denial of institution of trial in those cases. See, e.g., IPR2022-00861, Paper
`17, 17 (citing 35 U.S.C. § 315(c)).
`
`3
`
`
`
`IPR2021-01492 (Patent 10,257,319)
`IPR2021-01493 (Patent 10,484,510)
`FOR PETITIONER:
`Ronald Abramson
`Mord Lewis
`Ari Jaffess
`LISTON ABRAMSON LLP
`ron.abramson@listonabramson.com
`michael.lewis@listonabramson.com
`ari.jaffess@listonabramson.com
`
`FOR PATENT OWNER:
`Thomas Dunham
`Elizabeth O’Brien
`RUYAKCHERIAN LLP
`tomd@ruyakcherian.com
`elizabetho@ruyakcherican.com
`
`
`
`
`4
`
`
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