As more fully explained in the accompanying Petitioner’s Motion to Waive or Suspend Rule 37 C.F.R. § 42.122, it is in the interest of justice, and good cause exists for Petitioner to be allowed to join the Pending IPR.
Further, “[t]he Board’s rules for AIA proceedings ‘shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding.’” Trulia, Inc. v. Zillow, Inc., CBM2014-00115, Paper 8 at 19 (PTAB May 1, 2014) (citing 37 C.F.R. § 42.1(b); 77 Fed. Reg. at 48,758) (emphasis added).
Petitioner’s Motion for Joinder raised in the Patent Owner Response, providing the Board with a complete record should it agree to proceed to a Final Written Decision in IPR2017-00415.
As explained in the accompanying motion to waive or suspend the rules, Papst seeks to avoid the speedy and efficient resolution of issues concerning patentability and prolong its lengthy and expensive litigation campaigns concerning the ’449
Accordingly, Petitioner’s proposal removes any potential “complication or delay” in connection with joinder, while providing the parties an opportunity to address all issues that may arise and avoiding any undue burden on Papst and the Board.