Cisco Systems, Inc. and AVAYA, Inc. (collectively, “Petitioner”) filed a Petition requesting an inter partes review of claims 1–3, 5, 6, 9, 10, 14, 17, and 18 of U.S. Patent No. 6,009,469 C1 (Ex. 1001, “the ’469 patent”).
With the Petition, Petitioner filed a Motion for Joinder (Paper 4, “Mot.”), seeking to join this case with Samsung Elecs.
During the conference call, Patent Owner indicated that all of the parties intended to file a stipulated proposed order defining the parameters of joinder.
In its Motion for Joinder, Petitioner contends that joinder is appropriate because “it is the most expedient way to secure the just, speedy, and inexpensive resolution of the related proceedings” because (1) Petitioner represents that IPR2015-01007 is identical to IPR2014-01367 in all substantive aspects, including identical grounds, analysis, exhibits, and relies upon the same expert Declaration; (2) Petitioner agrees to (a) incorporate its filings with Samsung, (b) not advance any separate arguments from those advanced by Samsung, and (c) to consolidated discovery; (3) joinder will not have any impact on the IPR2014-01367 schedule; and (4) there will be no prejudice to Patent Owner.
Regarding procedural matters, Petitioner argues that joinder would not require any change to the trial schedule in IPR2014-01367.