`Tel: 571-272-7822
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` Paper 51
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` Entered: September 28, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`ASKELADDEN LLC,
`Petitioner,
`
`v.
`
`SEAN I. MCGHIE and BRIAN BUCHHEIT,
`Patent Owner.
`____________
`
`Cases IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)1
`____________
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)
`
`
`
`Patent Owner’s Responses were due July 8, 2015, in the above-
`
`identified proceedings. Patent Owner did not file a Patent Owner Response
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`in any of these cases. Nor did Patent Owner arrange a conference call with
`
`the Board and opposing counsel per Board instructions to do so. See Paper
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`37, 3.2
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`Based on the record before us, we do not know whether Patent Owner
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`has elected not to file a Response, or if Patent Owner has abandoned the
`
`contest. An abandonment of the contest would be construed by the Board as
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`a request for adverse judgment, whereby all of the involved claims of the
`
`involved patents would be cancelled. 37 C.F.R. § 42.73(b)(4). If Patent
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`Owner has abandoned the case, we would want to know this in order to
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`administer these proceedings in an efficient manner.
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`Accordingly, it is
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`ORDERED that Patent Owner shall, no later than 20 days from the
`
`date of this order, file a paper limited to two pages in each case explaining
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`whether Patent Owner (1) has elected not to file a Patent Owner Response,
`
`but has not abandoned the contest, or (2) has abandoned the contest with an
`
`explanation that Patent Owner understands such abandonment will lead to
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`the cancellation of its involved claims under 37 C.F.R. § 42.73(b)(4).
`
`
`
`
`2 Citations are to IPR2015-00122.
`
`2
`
`
`
`IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)
`
`3
`
`
`
`
`
`PETITIONER:
`
`
`Robert H. Fischer
`AskeladdenIPR@fchs.com
`
`Frank A. DeLucia
`AskeladdenIPR@fchs.com
`
`Stephen Yam
`AskeladdenIPR@fchs.com
`
`Justin Oliver
`joliver@fchs.com
`
`PATENT OWNER:
`
`Brian Buchheit
`bbuchheit@gmail.com
`
`
`Sean McGhie
`Sean.mcghie@me.com
`
`
`
`