`Tel: 571-272-7822
`
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`
`
`
`
`
`
`
`
` Paper 12
`
` Entered: July 2, 2014
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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC., GOOGLE INC., and MOTOROLA MOBILITY LLC
`Petitioner
`
`v.
`
`ARENDI S.A.R.L.
`Patent Owner
`_______________
`
`Cases IPR2014-00206 (Patent 7,496,854 B2)
`IPR2014-00207 (Patent 7,496,854 B2)
`IPR2014-00208 (Patent 7,917,843 B2)
`_______________
`
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2014-00206 (Patent 7,496,854 B2)
`IPR2014-00207 (Patent 7,496,854 B2)
`IPR2014-00208 (Patent 7,917,843 B2)
`
`
`On July 1, 2014, the initial conference call1 was held between counsel for
`the respective parties and Judges Blankenship, Medley, and Jefferson.
`
`
`Petitioner
`A discussion was had regarding the constitution of “Petitioner.” As noted,
`the Petition (Paper 32; “Pet.”) in each of the three proceedings lists a lead and
`backup counsel for “Petitioner Apple” and a separate lead and backup counsel for
`“Petitioners Google and Motorola Mobility.” Pet. 2. The Board considers a
`petitioner to consist of a single entity for purposes of the proceeding, no matter
`how many companies are listed as petitioner or petitioners or how many companies
`are identified as a real party-in-interest. According to 37 CFR § 42.2, Petitioner
`means the party filing a petition requesting that a trial be instituted. As such, the
`Board would expect only one lead counsel to represent a petitioner. 37 C.F.R.
`§ 42.10(a). When asked whether Petitioner wishes to proceed with more than one
`lead counsel, Petitioner represented that there is one lead counsel, Mr. Fehrman,
`and the remainder counsel should be considered as backup counsel. We further
`understand that Petitioner agrees that it will speak with one voice, both for any
`written submission and for any oral representations made during the proceedings.
`
`
`
`1 The initial conference call is held to discuss the Scheduling Order and any
`motions that the parties anticipate filing during the trial. Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48756, 48765 (Aug. 14, 2012).
`2 Citations are to IPR2014-00206.
`
`2
`
`
`
`
`
`IPR2014-00206 (Patent 7,496,854 B2)
`IPR2014-00207 (Patent 7,496,854 B2)
`IPR2014-00208 (Patent 7,917,843 B2)
`
`
`Motions
`Neither party seeks authorization to file a motion at this time. As explained,
`if Patent Owner determines that it will file a motion to amend, Patent Owner must
`arrange a conference call soon thereafter with the Board and opposing counsel to
`discuss the proposed motion to amend. See 37 C.F.R. § 42.121(a).
`The parties were reminded that if they seek authorization to file a motion not
`contemplated per the Scheduling Order, the party requesting such authorization
`must arrange a conference call with opposing counsel and the Board.
`
`
`Schedule
`Counsel for the respective parties indicated that they have no issues with the
`Scheduling Order entered June 11, 2014.
`To the extent issues arise with DATES 1-5 identified in the Scheduling
`Order, the parties are reminded that, without obtaining prior authorization from the
`Board, they may stipulate to different dates for DATES 1-5, as provided in the
`Scheduling Order, by filing an appropriate notice with the Board. The parties may
`not stipulate to any other changes to the Scheduling Order.
`
`
`Related Matters
`The parties acknowledged that the related district court cases involving the
`’854 and ’843 patents have been stayed.
`
`3
`
`
`
`
`
`
`
`IPR2014-00206 (Patent 7,496,854 B2)
`IPR2014-00207 (Patent 7,496,854 B2)
`IPR2014-00208 (Patent 7,917,843 B2)
`
`
`Settlement
`The parties have nothing to report with respect to settlement.
`
`
`
`Order
`
`It is
`ORDERED that no motions are authorized at this time.
`
`
`
`PETITIONER:
`
`David L. Fehrman
`dfehrman@mofo.com
`
`Mehran Arjomand
`marjomand@mofo.com
`
`Matthew A. Smith
`smith@turnerboyd.com
`
`Zhuanjja Gu
`gu@turnerboyd.com
`
`
`
`PATENT OWNER:
`
`Robert Asher
`rasher@sunsteinlaw.com
`
`Bruce Sunstein
`bsunstein@sunsteinlaw.com
`
`
`
`4
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