Trials@uspto.gov
`571-272-7822
`
`Paper 8
`Date: October 3, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ANKER INNOVATIONS LTD.,
`Petitioner,
`v.
`MYPAQ HOLDINGS LTD.,
`Patent Owner.
`
`IPR2022-01134
`Patent 8,477,514 B2
`
`
`
`
`
`
`
`
`
`Before KRISTINA M. KALAN, DANIEL J. GALLIGAN, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`GALLIGAN, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`Granting Motion for Joinder
`35 U.S.C. § 315(c); 37 C.F.R. § 42.122
`
`
`
`
`
`571-272-7822
`
`Paper 8
`Date: October 3, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ANKER INNOVATIONS LTD.,
`Petitioner,
`v.
`MYPAQ HOLDINGS LTD.,
`Patent Owner.
`
`IPR2022-01134
`Patent 8,477,514 B2
`
`
`
`
`
`
`
`
`
`Before KRISTINA M. KALAN, DANIEL J. GALLIGAN, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`GALLIGAN, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`Granting Motion for Joinder
`35 U.S.C. § 315(c); 37 C.F.R. § 42.122
`
`
`
`
`
`
`IPR2022-01134
`Patent 8,477,514 B2
`
`I. DISCUSSION
`We instituted inter partes review of U.S. Patent 8,477,514 B2
`(“’514 patent”) in IPR2022-00311 (“311 IPR”) based on a petition filed by
`Samsung Electronics Co., Ltd. (“Samsung”) and Dell Technologies Inc.
`(“Dell”). 311 IPR, Papers 3, 11. In this proceeding, Anker Innovations Ltd.
`(“Petitioner” or “Anker”) filed a Petition (Paper 2) and a Motion for Joinder
`(Paper 3) seeking to be joined as a petitioner in the 311 IPR. Petitioner
`represents that Samsung and Dell, the petitioners in the 311 IPR, do not
`oppose joinder. Motion 3. Petitioner agrees to take an “understudy” role in
`the 311 IPR if it is joined as a petitioner. Motion 7, 10–12. MyPAQ
`Holdings Ltd. (“Patent Owner”) filed a statement of non-opposition to the
`joinder motion, in which Patent Owner states that it does not oppose
`Petitioner’s joinder to the 311 IPR “on the conditions identified in Anker’s
`Motion for Joinder (i.e., with Anker taking an ‘understudy role.’).” Paper 7.
`The statute governing inter partes review joinder states the following:
`JOINDER.—If the Director institutes an inter partes review, the
`Director, in his or her discretion, may join as a party to that inter
`partes review any person who properly files a petition under
`section 311 that the Director, after receiving a preliminary
`response under section 313 or the expiration of the time for filing
`such a response, determines warrants the institution of an inter
`parties review under section 314.
`35 U.S.C. § 315(c).
`The time for filing a preliminary response to the Petition has expired,
`and Patent Owner did not file one. See 37 C.F.R. 42.107(b) (“The
`preliminary response must be filed no later than three months after the date
`of a notice indicating that the request to institute an inter partes review has
`been granted a filing date.”); Paper 4 (filing date notice entered on June 21,
`2022).
`
`2
`
`
`
`IPR2022-01134
`Patent 8,477,514 B2
`The standard for instituting an inter partes review is set forth in
`35 U.S.C. § 314(a), which provides that an inter partes review may not be
`instituted unless the information presented in the Petition and the
`Preliminary Response shows “there is a reasonable likelihood that the
`petitioner would prevail with respect to at least 1 of the claims challenged in
`the petition.”
`The patentability challenges in the 311 IPR met the “reasonable
`likelihood” standard of § 314(a). 311 IPR, Paper 11 at 29. Petitioner
`represents that the Petition “is substantively identical to the petition in the
`[311] IPR—challenging the same claims of the ’514 patent on the same
`grounds while relying on the same prior art, arguments, and evidence.”
`Motion 3. Petitioner presents the following grounds in this Petition, which
`are identical to the instituted grounds in the 311 IPR:
`Claim(s) Challenged 35 U.S.C. § Reference(s)/Basis
`1–12, 14–17, 19, 20
`102(b)
`Chagny1
`1–20
`103(a)
`Chagny
`1–10, 16, 17, 19, 20
`102(b)
`Hwang2
`11, 12, 14–17, 19, 20 103(a)
`Hwang, Chagny
`18
`103(a)
`Hwang
`13, 18
`103(a)
`Hwang, Chagny
`Pet. 7; see 311 IPR, Paper 11 at 4–5, 29 (identifying same grounds and
`instituting inter partes review).
`We conclude that Petitioner has demonstrated a reasonable likelihood
`of prevailing with respect to at least one challenged claim of the ’514 patent
`for the reasons set forth in our institution decision in the 311 IPR and that
`the Petition warrants institution. See 311 IPR, Paper 11 at 10–29.
`
`
`1 Ex. 1004, US 6,873,136 B2, issued Mar. 29, 2005.
`2 Ex. 1006, US 2004/0174152 A1, published Sept. 9, 2004.
`
`3
`
`
`
`IPR2022-01134
`Patent 8,477,514 B2
`As discussed above, Petitioner’s Motion is unopposed by all
`interested parties, namely, Samsung, Dell, and Patent Owner. We have
`reviewed the Motion, and we determine that it is appropriate under these
`circumstances to join Petitioner as a party to the 311 IPR.
`
`
`II. ORDER
`
`Accordingly, it is
`ORDERED that, pursuant to 35 U.S.C. § 314(a) and 37 C.F.R. § 42.4,
`an inter partes review is hereby instituted on the challenges raised in the
`Petition; and
`FURTHER ORDERED that Petitioner’s Motion for Joinder with
`PR2022-00311 is granted, and Petitioner is hereby joined as a petitioner in
`IPR2022-00311;
`FURTHER ORDERED that the grounds on which trial in
`IPR2022-00311 were instituted are unchanged, and no other grounds are
`added in IPR2022-00311;
`FURTHER ORDERED that the Scheduling Order entered in
`IPR2022-00311 (Paper 12) and the Parties’ Stipulation to Modify Trial
`Dates 1, 2, and 3 (Paper 13) shall govern the trial schedule in
`IPR2022-00311;
`FURTHER ORDERED that Petitioner’s role in IPR2022-00311 shall
`be limited as stated by Petitioner in the Motion for Joinder (Paper 3 at 10–
`12) unless and until Samsung and Dell are terminated from that proceeding;
`FURTHER ORDERED that the case caption in IPR2022-00311 shall
`be changed to reflect joinder of Petitioner in accordance with the attached
`example;
`
`4
`
`
`
`IPR2022-01134
`Patent 8,477,514 B2
`FURTHER ORDERED that a copy of this Decision be entered into
`the record of IPR2022-00311; and
`FURTHER ORDERED that all further filings shall be made in
`IPR2022-00311.
`
`5
`
`
`
`IPR2022-01134
`Patent 8,477,514 B2
`PETITIONER:
`
`Ping Wang
`Eric Cohen
`RIMON PC
`ping.wang@rimonlaw.com
`eric.cohen@rimomlaw.com
`
`
`PATENT OWNER:
`
`James T. Carmichael
`Stephen McBride
`Minghui Yang
`CARMICHAEL IP, PLLC
`jim@carmichaelip.com
`stevemcbride@carmichaelip.com
`mitch@carmichaelip.com
`:
`
`
`
`
`
`6
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD, DELL TECHNOLOGIES INC.,
`and ANKER INNOVATIONS LTD.,3
`Petitioner,
`v.
`MYPAQ HOLDINGS LTD.,
`Patent Owner.
`
`IPR2022-00311
`Patent 8,477,514 B2
`
`
`
`
`
`
`
`
`
`
`3 Anker Innovations Ltd. filed a motion for joinder and a petition in
`IPR2022-01134 and has been joined as a petitioner in this proceeding.
`
`
`
`
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