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RACKSPACE US, INC. v. Realtime Data LLC

Docket IPR2017-01691, Patent Trial and Appeal Board (June 28, 2017)
Gregg Anderson, J. John Lee, Jason Chung, Scott Moore, presiding
Case TypeInter Partes Review
Patent
7358867
Patent Owner Realtime Data LLC
Petitioner RACKSPACE US, INC.
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Inter Partes Review of U.S. Pat. 7,358,867

Docket IPR2017-00557, Patent Trial and Appeal Board (Dec. 30, 2016)
Charles Boudreau, Gregg Anderson, J. John Lee, Jason Chung, presiding
Case TypeInter Partes Review
Patent
7358867
Petitioner Teradata Operations, Inc.
Patent Owner Realtime Data LLC
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34 Termination Decision Document: FINAL WRITTEN DECISION35 USC sec 318A AND 37 CFR sec 4273

Document IPR2017-00557, No. 34 Termination Decision Document - FINAL WRITTEN DECISION35 USC sec 318A AND 37 CFR sec 4273 (P.T.A.B. Jun. 25, 2018)
’867 Patent Description of Technical Background Digital data has several advantages in the representation of information like speech, music, audio, images and video that appears naturally in analog form.
In Reactive, based on the Board’s SOP, the Board authorized additional briefing in a sua sponte post-hearing order to resolve whether Schulhauser applies to the conditional method limitations recited in the claims.
Patent 7,358,867 B2 on the Creusere Declaration, Petitioner asserts a person of ordinary skill in the art “would understand that Hsu’s disclosure of heterogeneous files that are best compressed on a block-by-block basis requires ‘receiving a plurality of data blocks.’” Id. (citing Ex. 1002 ¶ 91).
Rather, “proof of anticipation also requires that the prior art reference ‘disclose those elements ‘arranged as in the claim.’’” Id. Relying in part on the Creusere deposition testimony, Patent Owner argues that the outputted “data block” that includes the “null data compression type” of limitation 16[D3], must be the same “data block” that was subject to the “determin[ation] whether or not to compress” of step 16B.
(3)Discussion Petitioner has provided through the Creusere Declaration paragraph 126 a rational basis for a person of ordinary skill in the art to conclude the compressed or uncompressed block is received as recited in claim 17.
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31 Order: Errata

Document IPR2017-00557, No. 31 Order - Errata (P.T.A.B. May. 23, 2018)
Conduct of the Proceeding
The Order (Paper 29) dated May 7, 2018, stated newly instituted Ground 3 as regarding “Claim 19 as unpatentable under 35 U.S.C. § 103 over Franaszek and Langdon, Jr.” Newly instituted Ground 3 should read “Claim 19 as unpatentable under 35 U.S.C. § 103 over Hsu, Franaszek, and Langdon, Jr.,” as asserted at pages 4 and 59 of the Petition (Paper 1).
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30 Order Conduct of Proceeding: Conduct of the Proceeding37 CFR 425

Document IPR2017-00557, No. 30 Order Conduct of Proceeding - Conduct of the Proceeding37 CFR 425 (P.T.A.B. May. 16, 2018)
Paper 29, 2–3.1 Counsel for Teradata Operations, Inc. (Petitioner) and for Realtime Data LLC (Patent Owner), as well as Judges Anderson, Boudreau, and Chung, participated in the call.
The purpose of the call was to establish a procedure for supplemental briefing on the additional grounds instituted pursuant to our Order.
By June 1, 2018, Patent Owner may request authorization to file a sur-reply limited to addressing any new issues raised by Petitioner in responding to the Decision on Institution.
If there is a question about whether either party’s brief is within the permitted scope, the parties will confer in an effort to resolve the issue and, if resolution is not possible, arrange a call with the panel as soon as practical.
On our May 15, 2018, call with the parties, we specifically advised that Schulhauser should be addressed in the context of the additional grounds based on Franaszek.
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29 Order Conduct of Proceeding: Conduct of the Proceeding

Document IPR2017-00557, No. 29 Order Conduct of Proceeding - Conduct of the Proceeding (P.T.A.B. May. 7, 2018)

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28 Hearing Transcript: Hearing Transcript

Document IPR2017-00557, No. 28 Hearing Transcript - Hearing Transcript (P.T.A.B. Mar. 29, 2018)

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25 Order Conduct of Proceeding: Order Conduct of the Proceedings

Document IPR2017-00557, No. 25 Order Conduct of Proceeding - Order Conduct of the Proceedings (P.T.A.B. Feb. 23, 2018)

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