Trials@uspto. gov
`571-272-7822
`
`Paper No. 9
`Entered: May 18, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DELL, TNC.,
`Petitioner,
`
`V.
`
`ALACRITECH, INC.,
`Patent Owner.
`
`Case IPR2018-00338
`
`Patent 8,131,880 B2
`
`Before STEPHEN C. SIU, DANIEL N. FISHNIAN, and
`CHARLES BOUDREAU, Administrative Patent Judges.
`
`SIU, Administrative PatentJudge.
`
`DECISION
`
`Institution of Inter Partes Review and
`
`Granting Petitioner’s Motion for Joinder
`35 US. C. §314(a), 37 C.F.R. §§42. 108, 42.122
`
`

`

`IPR2018-00338
`
`Patent 8,131,880 B2
`
`1.
`
`INTRODUCTION
`
`Dell, Inc. (“Dell” or “Petitioner”), filed a Petition (Paper 1, “Pet.”) for
`
`interpartes review ofclaims 1, 5—10, 12, 14, 16, 17, 20—23, 27, 28, 45, and
`
`55 of US. Patent No. 8,131,880 B2 (“the ’205 Patent”) (Ex. 1001) pursuant
`
`to 35 U.S.C. §§ 311—319. Petitioner also filed a Motion for Joinder. Paper 3
`
`(“Jcinder Motion” or “Mot.”). The Joinder Motion seeks to join Dell as a
`
`petitioner in Intel Corp. v. Alacrz' tech, Case IPR2017-01409 (“the 1409
`
`IP R”), to which Cavium, Inc. (“Cavium”) has previously been joined. Mot.
`
`1; see IPR2017-01736, Paper 8. The Joinder Motion indicates Intel Corp.
`
`(“Intel”) and Cavium, currentPetitioners in the 1409 IPR, do not oppose
`
`Dell’s request to join that proceeding.
`
`Id. Alacritech, Inc. (“Patent Owner”)
`
`filed a Preliminary Response. Paper 8 (“Prelim Resp”).
`
`As explained further below, we institute trial in this interpartes
`
`review on the same ground as instituted in IPR2017-01409, and we grant
`
`P etitioner’ s Motion for Joinder.
`
`11.
`
`DISCUSSION
`
`A.
`
`Institution ofTrial
`
`In IPR2017-01409, Inteland Cavium challenge the patentability of
`
`claims 1, 5—10, 12, 14, 16, 17, 20—23, 27, 28, 45, and 55 ofthe ’880 Patent
`
`under 35 U.S.C. § 103 over Thia1 and Tanenbaum.2 IPR2017-01409, Paper
`
`1.
`
`1 Y.H. Thia and CM. Woodside, “A Reduced Operation ProtocolEngine
`(ROPE) for a Multiple-Layer Bypass Architecture,” 1995 (“Thia,”
`Ex. 1015).
`2 Andrew S. Tanenbaum, Computer Networks, Third Edition, 1996
`(“Tanenbaun1,”Ex 1006).
`
`

`

`IPR2018-00338
`
`Patent 8,131,880 B2
`
`After considering the Petition and the Patent Owner’s Preliminary
`
`Response in IPR2017-01409, we instituted trial for the above—identified
`
`ground of unpatentability. See IPR2017-01409, Paper 8. Petitioner here
`
`(Dell) represents that this Petition is substantively identical to the Petition in
`
`IPR2017-01409 and challenges the same claims based on the same ground.
`
`Mot. 1. We have considered the relevant Petitions and we agree with
`
`Petitioner’s representation that this Petition is substantially identical to the
`
`Petition in IPR2017-01409. Compare Pet., with IPR2017—01409, Paper 1.
`
`Accordingly, for essentially the same reasons stated in our Decision to
`
`Institute in IPR2017-01409, we conclude Petitioner has established a
`
`reasonable likelihood of prevailing with respect to at least one challenged
`
`claim, and we institute trial in this proceeding for claims 1, 5—10, 12, 14, 16,
`
`17, 20—23, 27, 28, 45, and 55 on the same ground as in IPR2017-01409.
`
`B. Motionfor Joinder
`
`Based on authority delegated to us by the Director, we have discretion
`
`to join a petitioner for interpartes review to a previously instituted inter
`
`partes review. 35 U. S.C. § 315(c). Section 315(0) provides, in relevant
`
`part, that “[i]f 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.” Id.
`
`Without opposition to the Joinder Motion from any party, we grant
`
`Petitioner’s Motion for Joinder with the 14091PR subject to the condition
`
`that, in the joined proceeding, Dell will be bound by all substantive and
`
`procedural filings and representations of Intel and Cavium in the 1409 IPR,
`
`without a separate opportunity to be heard, whether orally or in writing,
`
`

`

`IPR2018-00338
`
`Patent 8,131,880 B2
`
`unless and until the joined proceeding is terminated with respect to both
`
`Intel and Cavium. ‘
`
`In View of the foregoing, we determine that joinder based upon the
`
`above-noted condition will have little or no impact on the timing, cost, or
`
`presentation of the trial on the instituted ground. Moreover, discovery and
`
`briefing will be simplified if Dell is joined as a petitioner in the 1409 IPR.
`
`III. ORDER
`
`After due consideration of the record before us, and for the foregoing
`reasons, it is:
`.
`
`ORDERED that pursuant to 35 U.S.C. § 314, an interpartes review is
`
`hereby instituted for claims 1, 5—10, 12, 14, 16, 17, 20—23, 27, 28, 45, and
`
`55 of the ’880 Patent as obvious under 35 U.S.C. § 103(a) over Thia and
`
`Tanenbaum;
`
`FURTHER ORDERED that Petitioner’s Motion for Joinder with
`
`IPR2017-01409 is granted and Dell, Inc., is joined as a petitioner in
`
`IPR2017-01409 pursuantto 37 C.F.R. §42. 122(b), on the condition that, in
`
`the joined proceeding, Petitioner here (i.e., Dell, Inc.) will be bound by all
`
`substantive and procedural filings and representations of current Petitioner in
`
`IPR2017-01409 (i.e., Intel Corp. and Cavium, Inc.), without a separate
`
`opportunity to be heard, whether orally or in writing, unless and until the
`
`joined proceeding is terminated with respect to Petitioners Intel and Cavium
`
`in IPR2017-01409;
`
`FURTHER ORDERED that the ground on which an interpartes
`
`review was instituted in Case IPR2017-01409 remains unchanged, and no
`
`other grounds are instituted in the joined proceedings;
`
`

`

`IPR2018-00338
`
`Patent 8,131,880 B2.
`
`FURTHER ORDERED that the Scheduling Order in place for
`
`IPR2017-01409 (Paper 9) shall govern the joined proceedings;
`
`FURTHER ORDERED that IPR201 8-003 3 8 is terminated under
`
`37 C.F.R. § 42.72, and that all future filings in the joined proceeding are to
`
`be made only in IPR2017-01409;
`
`FURTHER ORDERED that the case caption in IPR2017-01409 for all
`
`further submissions shall be changed to add Petitioner (Dell, Inc.) as a
`
`named Petitioner, and to indicate by footnote the joinder of Petitioner
`
`Cavium to that proceeding, as indicated in the attached sample case caption;
`
`and
`
`FURTHER ORDERED that a copy of this Decision shall be entered
`
`into the record of IPR2017-01409.
`
`

`

`IPR2018-00338
`
`Patent 8,131,880 B2
`
`PETITIONER:
`
`Christopher Douglas
`Christopher.douglasgagalston.com
`
`Kirk Bradley
`kirk. bradle
`
`alston.com
`
`PATENT OWNER:
`
`Jim Glass
`
`1' finglassgmguinnemanuel. com
`
`Joseph P aunovich
`joepaunovich@guinnemanuel.corn
`
`Brian Mack
`
`brianmack
`
`uinnemanucl.corn
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORP .,
`CAVIUM, INC., and DELL, INC.
`Petitioner,
`
`V.
`
`ALACRITECH, INC.,
`Patent Owner.
`
`Case IPR2017-01409l
`
`Patent 8,131,880 B2
`
`1 Cavium, Inc., which filed a Petition in Case IPR2017-01736, and Dell,
`Inc., which filed a Petition in Case IPR2018-00338, have been joined as
`petitioners in this proceeding.
`
`

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