`Enter: February 19, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTERMIX MEDIA, LLC,
`Petitioner,
`
`v.
`
`BALLY GAMING, INC.,
`Patent Owner.
`____________
`
`Case CBM2015-00154
`Patent 5,816,918
`____________
`
`
`Before MICHAEL P. TIERNEY, PATRICK R. SCANLON, and
`HYUN J. JUNG, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`CBM2015-00154
`Patent 5,816,918
`
`On February 18, 2016, a conference call was held among counsel for
`
`petitioner Intermix Media, LLC (“Petitioner”), counsel for patent owner
`Bally Gaming, Inc., and Judges Tierney, Scanlon, and Jung. Petitioner
`requested the conference to seek authorization to file a motion for joinder
`concurrently with a request for rehearing of our decision denying institution
`(Paper 10) in this proceeding. Petitioner also sought authorization to file a
`motion for withdrawal of present back-up counsel.
`
`After considering the parties’ positions, we do not authorize Petitioner
`to file a motion for joinder at this time. In the event that the rehearing
`request is granted and a covered business method patent review is instituted
`in this proceeding, Petitioner may again seek authorization to file a motion
`for joinder.
`Accordingly, it is:
`ORDERED that Petitioner is not authorized to file a motion for
`
`joinder, and
`
`FURTHER ORDERED that Petitioner is authorized to file a motion to
`withdraw back-up counsel.
`
`
`
`
`
`2
`
`
`
`CBM2015-00154
`Patent 5,816,918
`
`
`
`For PETITIONER:
`Evan Finkel
`Christopher K. Dorsey
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`evan.finkel@pillsburylaw.com
`christopher.dorsey@pillsburylaw.com
`
`For PATENT OWNER:
`Barry Bretschneider
`BAKER & HOSTETLER LLP
`bbretschneider@bakerlaw.com
`
`
`
`
`3
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