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”).
Patent 6,009,469 C1 (Paper 3, “Mot.”), seeking to join this case with LG Elecs., Inc. v Straight Path IP Grp., Inc., Inc., IPR2015-00198, filed by LG Electronics, Inc., Toshiba Corp., VIZIO, Inc., and Hulu, LLC (collectively, “LG”).
Petitioner filed its Petition and Motion for Joinder on June 15, 2015, within one month after the institution date of IPR2015-00198.
In particular, Petitioner (1) represents that IPR2015- 01400 is identical to IPR2015-00198 in all substantive aspects, including identical grounds, analysis, exhibits, and relies upon the same expert Declaration; (2) agrees to (a) incorporate its filings with LG, (b) not advance any arguments separate from those advanced by LG, and (c) consolidated discovery; (3) represents that joinder will not have any impact on the IPR2015-00198 schedule; and (4) asserts that 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 IPR2015-00198.