`
`Filed: September 8, 2023
`
`Filed on behalf of Meta Platforms, Inc.
`By: Lisa Nguyen
`
`David Tennant
`
`Eric E. Lancaster
`
`Daniel Margolis
`
`Grace Wang
`
`Alan Billharz
`
`Colby Davis
`Allen & Overy LLP
`550 High Street
`Palo Alto, CA 94301
`Telephone: 650-388-1724
`Facsimile: 202-683-3999
`Email: AO_Meta_Jawbone@AllenOvery.com
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________
`META PLATFORMS, INC.,
`Petitioner,
`v.
`JAWBONE INNOVATIONS, LLC,
`Patent Owner.
`____________________________
`IPR2023-01130
`U.S. Patent No. 11,122,357
`____________________________
`PETITIONER’S UNOPPOSED MOTION TO WITHDRAW
`MOTION FOR JOINDER
`
`
`
`
`
`
`
`
`
`
`
`
`TABLE OF CONTENTS
`TABLE OF CONTENTS
`STATEMENT OF FACTS --------------------------------------------------------- 1
`I.
`STATEMENTOF FACTS --------------22000000-cccccccecennnnnnnnnnnnnnnnnnnnnns 1
`I.
`II. ARGUMENT ------------------------------------------------------------------------ 2
`Il. ARGUMENT-----------------------20nnnnnnececeen ne neccnnnnnnnnnnnnnnnnnnnnnnennan 2
`III. CONCLUSION ---------------------------------------------------------------------- 2
`III. CONCLUSION-----------------------2nnnnnnncence necc ne nennnns 2
`
`-i-
`-j-
`
`
`
`Meta Platforms, Inc. v. Jawbone Innovations, LLC
`U.S. Patent No. 11,122,357
`
`
`Pursuant to the Board’s authorization granted in its August 25, 2023 email,
`
`Petitioner Meta Platforms, Inc. (“Petitioner”) respectfully submits this Unopposed
`
`Motion to Withdraw Motion for Joinder.
`
`I.
`
`STATEMENT OF FACTS
`On November 21, 2022, Amazon.com, Inc. (“Amazon”) filed a petition for
`
`inter partes review (“IPR”) of claims 1-20 of U.S. Patent No. 11,122,357 (“the ’357
`
`patent”). IPR2023-00251 (“Amazon IPR”), Paper 1. Patent Owner filed suit against
`
`Petitioner on February 28, 2023, asserting the ’357 patent, along with seven other
`
`patents. Case No. 6:23-cv-00158, W.D. Tex., Dkt. 1. On June 1, 2023, the Board
`
`instituted the Amazon IPR. IPR2023-00251, Paper 7. Petitioner timely filed the
`
`petition in this proceeding, for IPR of claims 1-20 of the ’357 patent on June 27,
`
`2023 (Paper 1), along with a Motion for Joinder to and Consolidation with the
`
`Amazon IPR (Paper 2, “Joinder Motion”). Petitioner’s IPR presents identical
`
`grounds as the Amazon IPR.
`
`On August 8, 2023, the Board ordered termination of the Amazon IPR based
`
`on settlement. IPR2023-00251, Paper 15 (“Termination Order”). The Board did not
`
`decide the merits of the Amazon IPR and the Termination Order is not a Final
`
`Written Decision. Id. In this proceeding, the Board has not ruled on Petitioner’s
`
`Joinder Motion.
`
`-1-
`
`
`
`Meta Platforms, Inc. v. Jawbone Innovations, LLC
`U.S. Patent No. 11,122,357
`
`II.
`
`ARGUMENT
`Petitioner respectfully submits that, in view of the Board’s Termination Order
`
`in the Amazon IPR, Petitioner should be permitted to withdraw its Joinder Motion
`
`(Paper 2), which is now moot. Patent Owner does not oppose this motion.
`
`III. CONCLUSION
`For the reasons presented above, Petitioner respectfully requests that the
`
`Board order that the Joinder Motion (Paper 2) is WITHDRAWN as moot.
`
`
`
`Dated: September 8, 2023
`
`
`
`
`
`
`Respectfully submitted,
`ALLEN & OVERY, LLP
`
`
`
`/Lisa K. Nguyen/
`Lisa K. Nguyen (Reg. No. 58,018)
`550 High Street
`Palo Alto, California 94301
`Telephone: 650.388.1724
`Email: lisa.nguyen@allenovery.com
`
`Counsel for Petitioner,
`META PLATFORMS, INC.
`
`-2-
`
`
`
`Meta Platforms, Inc. v. Jawbone Innovations, LLC
`U.S. Patent No. 11,122,357
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that true and correct copies of the foregoing PETITIONER’S
`
`UNOPPOSED MOTION TO WITHDRAW MOTION FOR JOINDER is being
`
`served on September 8, 2023 by electronically filing this document, as well as by
`
`delivering a copy via email to the following attorneys of record for the Patent Owner:
`
`
`
`Peter Lambrianakos
`Alfred R. Fabricant
`Vincent J. Rubino, III
`Enrique W. Iturralde
`Richard M. Cowell
`Jacob Ostling
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`Email: plambrianakos@fabricantllp.com
`Email: ffabricant@fabricantllp.com
`Email: vrubino@fabricantllp.com
`Email: eiturralde@fabricantllp.com
`Email: rcowell@fabricantllp.com
`Email: jostling@fabricantllp.com
`Email: jawbone@fabricantip.com
`
`
`Dated: September 8, 2023
`
`
`ALLEN & OVERY, LLP
`
`
`
`/Lisa K. Nguyen/
`Lisa K. Nguyen (Reg. No. 58,018)
`550 High Street
`Palo Alto, California 94301
`Telephone: 650.388.1724
`Email: lisa.nguyen@allenovery.com
`
`
`-3-
`
`
`
`Meta Platforms, Inc. v. Jawbone Innovations, LLC
`U.S. Patent No. 11,122,357
`
`
`Counsel for Petitioner,
`META PLATFORMS, INC.
`
`
`
`
`
`-4-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
