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23 Notice: Order Patent Owners Motion for Rehearing 37 CFR 4271d

Document IPR2014-00279, No. 23 Notice - Order Patent Owners Motion for Rehearing 37 CFR 4271d (P.T.A.B. Jul. 29, 2014)
Before JOSIAH C. COCKS, HYUN J. JUNG, and GEORGE R. HOSKINS, Administrative Patent Judges.
On July 2, 2014, we issued a Decision to Institute inter partes review in this proceeding (Paper 19, hereafter “Decision to Institute”).
On July 10, 2014, Patent Owner filed a Motion for Rehearing of the Decision to Institute (Paper 22, hereafter “Motion for Rehearing” or “Mot.”).
The Motion for Rehearing contends our institution of inter partes review was an abuse of discretion because the Petition and the associated papers failed to comply with 37 C.F.R. § 42.8 and § 42.10.
That fact, however, does not nullify the naming of the six practitioners as lead and back-up counsel in the Petition, having all the rights and responsibilities which apply to such roles.
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12 Order: Scheduling Order

Document IPR2014-00291, No. 12 Order - Scheduling Order (P.T.A.B. Jul. 2, 2014)
Before JOSIAH C. COCKS, HYUN J. JUNG, and GEORGE R. HOSKINS, Administrative Patent Judges.
The parties are reminded that the Testimony Guidelines appended to the Office Patent Trial Practice Guide, 77 Fed.Reg.
For example, reasonable expenses and attorneys’ fees incurred by any party may be levied on a person who impedes, delays, or frustrates the fair examination of a witness.
The parties are directed to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012) for guidance in preparing for the initial conference call, and should be prepared to discuss any proposed changes to this Scheduling Order and any motions the parties anticipate filing during the trial.
The petitioner must file any reply to the patent owner’s response and opposition to the motion to amend by DUE DATE 2.
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11 Institution Decision: Decision Institution of Inter Partes Review

Document IPR2014-00291, No. 11 Institution Decision - Decision Institution of Inter Partes Review (P.T.A.B. Jul. 2, 2014)
Petitioner, Nissan North America, Inc. et al. (“Petitioner”), filed an amended petition (Paper 6, “Pet.”) requesting inter partes review of claims 1-5, 12-16, 18, 19, 21, 25-31, and 34-36 of U.S. Patent No. 6,324,463 (the “’463 patent”).
To institute an inter partes review, we must determine the information presented in the Petition and the Preliminary Response shows “a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a).
Patent Owner first asserts we should deny inter partes review on a proposed ground of unpatentability because the Petition provides only a partial translation of Celsior.
In addition, the term “maintain” in Patent Owner’s proposed construction is unduly narrow, because it forecloses temporary acceleration of the vehicle while the cruise control system is engaged.
For purposes of this decision, we also are persuaded by Petitioner’s contention that a person of ordinary skill would have been motivated by the Celsior disclosure to modify the Prometheus cruise control system to include this feature.
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13 Order: Decision Motion for Joinder

Document IPR2014-00291, No. 13 Order - Decision Motion for Joinder (P.T.A.B. Jul. 2, 2014)
We need not resolve this dispute because, even if we do have the authority to join multiple inter partes review proceedings prior to instituting any trials, we are not persuaded by the Motion to do so in this case.
The Motion asserts that having to defend against each of the five subject proceedings separately will prejudice Patent Owner, which allegedly would be alleviated by joinder.
As the moving party, Patent Owner has the burden of proof to establish that it is entitled to joinder of the five subject proceedings.
The Motion also contends joinder of the five subject proceedings before institution of any trial(s) in response to the Petitions would benefit the Board.
Joinder is said to “put[] the Board in a better position to assess inter-petition redundancy of the more than 180 separate alleged grounds of unpatentability and address any inconsistent statements.” Id. Petitioner disagrees.
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17 Institution Decision: Decision Institution of Inter Partes Review

Document IPR2014-00281, No. 17 Institution Decision - Decision Institution of Inter Partes Review (P.T.A.B. Jul. 2, 2014)

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18 Order: Scheduling Order

Document IPR2014-00281, No. 18 Order - Scheduling Order (P.T.A.B. Jul. 2, 2014)

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19 Order: Decision Motion for Joinder

Document IPR2014-00281, No. 19 Order - Decision Motion for Joinder (P.T.A.B. Jul. 2, 2014)

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21 Order: Decision Motion for Joinder

Document IPR2014-00279, No. 21 Order - Decision Motion for Joinder (P.T.A.B. Jul. 2, 2014)

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19 Institution Decision: Decision Institution of Inter Partes Review

Document IPR2014-00279, No. 19 Institution Decision - Decision Institution of Inter Partes Review (P.T.A.B. Jul. 2, 2014)

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20 Order: Scheduling Order

Document IPR2014-00279, No. 20 Order - Scheduling Order (P.T.A.B. Jul. 2, 2014)

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14 Notice: ORDER Conduct of Proceeding

Document IPR2014-00280, No. 14 Notice - ORDER Conduct of Proceeding (P.T.A.B. Apr. 10, 2014)

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10 Notice: ORDER Conduct of Proceeding

Document IPR2014-00289, No. 10 Notice - ORDER Conduct of Proceeding (P.T.A.B. Apr. 10, 2014)

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8 Notice: ORDER Conduct of Proceeding

Document IPR2014-00291, No. 8 Notice - ORDER Conduct of Proceeding (P.T.A.B. Apr. 10, 2014)

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14 Notice: ORDER Conduct of Proceeding

Document IPR2014-00281, No. 14 Notice - ORDER Conduct of Proceeding (P.T.A.B. Apr. 10, 2014)

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16 Notice: ORDER Conduct of the Proceeding

Document IPR2014-00279, No. 16 Notice - ORDER Conduct of the Proceeding (P.T.A.B. Apr. 10, 2014)

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