`571-272-7822
`
`
`Paper 41
` Entered: May 4, 2023
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MEMORYWEB, LLC,
`Patent Owner.
`____________
`
`IPR2022-00031
`Patent 10,621,228 B2
`____________
`
`
`GRANT OF GOOD CAUSE EXTENSION
`35 U.S.C. § 316(a)(11); 37 C.F.R. § 42.100(c)
`
`
`
`
`
`
`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, for good cause shown, extend the 1-year
`period by not more than 6 months . . . .” The Director has delegated the
`authority to extend the one-year period to the Chief Administrative Patent
`
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`Judge. 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 extended by up to six
`months for good cause by the Chief Administrative Patent
`Judge . . . .
`In accordance with 37 C.F.R. § 42.100(c), the Chief Administrative Patent
`Judge has determined that good cause exists to extend the one-year period
`for issuing a Final Written Decision in this proceeding.
`In this proceeding, Petitioner Apple Inc. seeks leave to take additional
`discovery, and Patent Owner MemoryWeb, LLC seeks leave to file a motion
`to dismiss the proceeding, in light of the Board’s Final Written Decision in
`Unified Patents, LLC v. MemoryWeb, LLC, IPR2021-01413, entered as
`Paper 58 in that proceeding on March 14, 2023. In view of the limited time
`before the one-year period for issuing a Final Written Decision in this
`proceeding, and under the unique circumstances of this case, the Chief
`Administrative Patent Judge has determined that good cause exists to extend
`the one-year period for issuing a Final Written Decision.
`
`____________________________
`
`Scott R. Boalick
`Chief Administrative Patent Judge
`
`2
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`FOR PETITIONER:
`
`Jeffrey P. Kushan
`Thomas A. Broughan, III
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`tbroughan@sidley.com
`
`J. Steven Baughman
`GROOMBRIDGE, WU, BAUGHMAN & STONE LLP
`steve.baughman@groombridgewu.com
`
`FOR PATENT OWNER:
`
`Jennifer Hayes
`George Dandalides
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`gdandalides@nixonpeabody.com
`
`
`3
`
`