Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 18
`Entered: December 8, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CISCO SYSTEMS, INC., MICROSOFT CORPORATION,
`AMAZON.COM, INC., AMAZON WEB SERVICES, INC., AND
`AMAZON.COM SERVICES LLC, 1
`Petitioner,
`v.
`LS CLOUD STORAGE TECHNOLOGIES LLC,
`Patent Owner.
`
`
`IPR2023-00120, IPR2023-00733
`Patent 10,154,092 B2
`
`
`Before LARRY J. HUME and AMBER L. HAGY, Administrative Patent
`Judges.
`HUME, Administrative Patent Judge.
`
`ORDER
`Granting Amazon’s Motion for Extension of Time to
`Reply to Patent Owner’s Response
`35 U.S.C. § 316(a)(4); 37 C.F.R. § 42.74
`
`
`
`
`
`1 Cisco Systems, Inc., Microsoft Corporation, Amazon.com, Inc., Amazon
`Web Services, Inc., and Amazon.com Services LLC, filed a petition in
`IPR2023-00733, and were joined as parties in this proceeding. Google has
`since been terminated as a party, and Motions for Termination are pending
`for Cisco and Microsoft. We use “Amazon” collectively herein to refer to
`the Amazon entities Amazon.com, Amazon Web Services, Inc., and
`Amazon.com Services LLC.
`
`
`571-272-7822
`
`
`
`
`Paper 18
`Entered: December 8, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CISCO SYSTEMS, INC., MICROSOFT CORPORATION,
`AMAZON.COM, INC., AMAZON WEB SERVICES, INC., AND
`AMAZON.COM SERVICES LLC, 1
`Petitioner,
`v.
`LS CLOUD STORAGE TECHNOLOGIES LLC,
`Patent Owner.
`
`
`IPR2023-00120, IPR2023-00733
`Patent 10,154,092 B2
`
`
`Before LARRY J. HUME and AMBER L. HAGY, Administrative Patent
`Judges.
`HUME, Administrative Patent Judge.
`
`ORDER
`Granting Amazon’s Motion for Extension of Time to
`Reply to Patent Owner’s Response
`35 U.S.C. § 316(a)(4); 37 C.F.R. § 42.74
`
`
`
`
`
`1 Cisco Systems, Inc., Microsoft Corporation, Amazon.com, Inc., Amazon
`Web Services, Inc., and Amazon.com Services LLC, filed a petition in
`IPR2023-00733, and were joined as parties in this proceeding. Google has
`since been terminated as a party, and Motions for Termination are pending
`for Cisco and Microsoft. We use “Amazon” collectively herein to refer to
`the Amazon entities Amazon.com, Amazon Web Services, Inc., and
`Amazon.com Services LLC.
`
`
`
`IPR2023-00120
`Patent 10,154,092 B2
`
`
`I.
`
`INTRODUCTION
`
`Google LLC (“Google”) filed a Petition seeking institution of an inter
`partes review of claims 1–24 of U.S. Patent No. 10,154,092 B2 (Ex. 1001,
`“the ’092 patent”). Paper 2. After reviewing the Petition and Patent
`Owner’s preliminary response (Paper 6), we instituted an inter partes
`review, IPR2023-00120. Paper 7.
`After institution, Cisco Systems, Inc., Microsoft Corporation,
`Amazon.com, INC., Amazon Web Services, Inc., and Amazon.com Services
`LLC (collectively “Cisco et al.”), filed a petition and a joinder motion in
`IPR2023-00733, requesting that Cisco et al. be joined as a petitioner in
`IPR2023-00120. Cisco et al. v. LS Cloud Storage Technologies LLC,
`IPR2023-00733, Paper 1 (petition), Paper 5 (joinder motion). After
`considering the parties’ papers, we instituted trial in IPR2023-00733,
`granted Cisco et al.’s joinder motion, and added Cisco et al. as a petitioner to
`IPR2023-00120. Cisco et al. v. LS Cloud Storage Technologies LLC,
`IPR2023-00733 Paper 10 (Institution Decision). In addition, we entered a
`copy of that decision in IPR2023-00120. Paper 10.
`On December 6, 2023, pursuant to Petitioner Google and Patent
`Owner’s Joint Motion to Terminate as to Petitioner Google, (Paper 14), an
`Order to Terminate the proceeding as to Petitioner Google was entered.
`Paper 15. There are currently two motions pending favorable disposition in
`IPR2023-00120, requesting termination as to Petitioners Microsoft
`(Paper 16) and Cisco (Paper 17).
`
`
`
`2
`
`
`
`IPR2023-00120
`Patent 10,154,092 B2
`
`
`II. DISCUSSION
`
`After favorable disposition of the two current motions to terminate
`Petitioners Microsoft and Cisco, the posture of the case would leave the
`Amazon entities (“Amazon”) as the remaining Petitioner in IPR2023-00120.
`The next due date from the Scheduling Order (Paper 8), as modified
`by “Parties' Stipulation to Modify Trial Due Dates 2 and 3” (Paper 13), is
`“DUE DATE 2,” December 11, 2023 (“Petitioner’s reply to Patent Owner’s
`response to the petition”).
`Given the fast-changing status of the parties and the nearness in time
`of DUE DATE 2, Amazon requested, by email on December 6, 2023, a two-
`week extension to that deadline. Amazon further indicated that Patent
`Owner declined to stipulate to any such extension of DUE DATE 2. 2 Under
`the circumstances, we conclude that Amazon’s requested relief is well-
`founded and should be granted.
`Furthermore, in the email of December 6, 2023, consistent with
`termination of Google and the anticipated termination of Microsoft and
`Cisco, Amazon “request[ed] permission to file any paper and take action on
`their own, including the filing of a Petitioner Reply.” In our Order granting
`institution and joinder in IPR2023-00733 (Paper 10), we provided that
`“Petitioner must obtain Board authorization prior to filing any paper or
`taking any action on its own unless and until Google is terminated from the
`Google IPR, except that Petitioner may file a motion to modify these
`
`2 We note that DUE DATE 3 (“Patent Owner’s sur-reply to Petitioner’s
`reply to the response to the petition”) is January 10, 2024, and no request has
`been received to extend that date. In the event an extension should become
`necessary, we encourage the parties to reach agreement and stipulate to any
`such extension without Board involvement.
`3
`
`
`
`
`
`IPR2023-00120
`Patent 10,154,092 B2
`
`provisions on the ground that Google is no longer an active party in the
`Google IPR.” Paper 10, 6. Now that Google has been terminated from this
`proceeding, we conclude that Amazon’s request to make filings on its own
`behalf should be granted.
`Finally, in the email of December 6, 2023, Amazon requested access
`to make filings in the P-TACTS system in IPR2023-00120. We note, due to
`the technical architecture of the P-TACTS system, joined Petitioners are
`unable to make filings in the joined case, i.e., IPR2023-00120, unless Patent
`Owner accedes to filings on behalf of the joined Petitioner. However, joined
`Petitioners may make filings in their original IPR2023-00733.
`
`III. ORDER
`
`Accordingly, it is:
`ORDERED that Petitioner Amazon’s request for an extension of DUE
`DATE 2 until December 26, 2023, is granted;
`FURTHER ORDERED that Petitioner Amazon remain as Petitioner
`with permission to file any paper and take action on their own, including the
`filing of a Petitioner’s Reply;
`FURTHER ORDERED that Petitioner Amazon is permitted to make
`any such filings in IPR2023-00733, with filed documents indicating joinder
`with IPR2023-00120 or, alternatively, upon mutual agreement, Patent
`Owner may make filings on behalf of Petitioner in IPR2023-00120;
`FURTHER ORDERED that no other extensions are granted, and we
`reiterate that the parties may stipulate different dates for DUE DATES 5
`and 6, as well as the portion of revised DUE DATE 2 related to Petitioner’s
`reply (earlier or later, but no later than DUE DATE 3 for Patent Owner’s
`
`
`
`4
`
`
`
`IPR2023-00120
`Patent 10,154,092 B2
`
`sur-reply) and the portion of DUE DATE 3 related to Patent Owner’s sur-
`reply (earlier or later, but no later than DUE DATE 7) (see Papers 8, 13);
`FURTHER ORDERED that Petitioner Amazon must file an updated
`power of attorney to effect designation of a new lead attorney and back-up
`counsel;
`FURTHER ORDERED that Petitioner Amazon must file an updated
`mandatory notice identifying a new lead attorney and back-up counsel in
`accordance with 37 C.F.R. § 42.8(b)(3); and
`FURTHER ORDERED this paper does not constitute a final written
`decision pursuant to 35 U.S.C. § 318(a).
`
`
`
`
`
`5
`
`
`
`IPR2023-00120
`Patent 10,154,092 B2
`
`For PETITIONERS:
`James T. Carmichael
`Minghui Yang
`CARMICHAEL IP, PLLC
`jim@carmichaelip.com
`mitch@carmichaelip.com
`
`Brian Ferguson
`Juan Yaquian
`WINSTON & STRAWN LLP
`beferguson@winston.com
`jyaquian@winston.com
`
`Brian Nash
`MORRISON & FOERSTER LLP
`bnash@mofo.com
`
`For PATENT OWNER:
`William P. Ramey, III
`Jacob B. Henry
`RAMEY LLP
`wramey@rameyfirm.com
`jhenry@rameyfirm.com
`uspto@rameyfirm.com
`
`
`
`
`6
`
`
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