throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`
` Paper 11
`
`
`
` Entered: August 20, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC., TOSHIBA CORPORATION, and VIZIO, INC.,
`Petitioner,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01014 (Patent 6,131,121 C1)
`Case IPR2015-01015 (Patent 6,009,469 C1)
`Case IPR2015-01017 (Patent 6,108,704 C1)
`____________
`
`
`Before KALYAN K. DESHPANDE, TRENTON A. WARD, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`DESHPANDE, Administrative Patent Judge.
`
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`

`
`IPR2015-01014 (Patent 6,131,121 C1)
`IPR2015-01015 (Patent 6,009,469 C1)
`IPR2015-01017 (Patent 6,108,704 C1)
`
`
`I.
`INTRODUCTION
`LG Electronics, Inc., Toshiba Corporation, and VIZIO, Inc.
`(collectively, “Petitioner”) filed three Petitions1 requesting an inter partes
`review of claims 6, 8, 10, 11, 13, and 14 of U.S. Patent No. 6,131,121
`(14 Ex. 1001, “the ’121 patent”), claims 1–3, 5, 6, 9, 10, 14, 17, and 18 of
`U.S. Patent No. 6,009,469 (15 Ex. 1001, “the ’469 patent”), and claims 1,
`11, 12, 14, 16, 22, 23, 27, 30, and 31 of U.S. Patent No. 6,108,704
`(17 Ex. 1001, “the ’704 patent”). Paper 1 (“Pet.”). With each Petition,
`Petitioner filed a Motion for Joinder (Paper 3, “Mot.”), seeking to join these
`cases with Samsung Elects. Co. v. Straight Path IP Gr., Inc., IPR2014-
`01368, IPR2014-01367, IPR2014-01366 (PTAB Mar. 6, 2015), filed by
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
`Samsung Telecommunications America, LLC (collectively, “Samsung”).
`Petitioner and Patent Owner filed a Joint Motion for Entry of Joint
`Stipulated Order defining the parameters of joinder. Paper 7. Subsequently,
`Petitioner filed an unopposed Motion to Withdraw the Motion for Joinder.
`Paper 8 (“Mot. to Withdraw”). We grant Petitioner’s Motion to Withdraw
`the Motion for Joinder. In a separate decision, entered today, we denied
`institution of inter partes review of the ʼ121 patent, the ʼ469 patent, and the
`
`
`1 All citations in this Decision are to IPR2015-01014 unless otherwise noted.
`IPR2015-01014, IPR2015-01015, and IPR2015-01017 include substantively
`similar filings and, accordingly, the analysis applies to IPR2015-01015 and
`IPR2015-01017. Citations may be preceded by “14” to designate IPR2015-
`01014, “15” to designate IPR2015-01015, or “17” to designate IPR2015-
`01017.
`
`

`
`IPR2015-01014 (Patent 6,131,121 C1)
`IPR2015-01015 (Patent 6,009,469 C1)
`IPR2015-01017 (Patent 6,108,704 C1)
`
`ʼ704 patent because the Petitions are time-barred under 35 U.S.C. § 315(b),
`absent joinder.
`
`II. ANALYSIS
`Petitioner submits that because the Board instituted review of the
`ʼ121 patent, ʼ469 patent, and ʼ704 patent in IPR2015-00196, IPR2015-
`00198, and IPR2015-00209, “it is unnecessary for Petitioner[] to also
`participate in” IPR2014-01368, IPR2014-01367, IPR2014-01366. Mot. to
`Withdraw 2. Petitioner submits that granting its Motion to Withdraw the
`Motion for Joinder will conserve resources for Petitioner, Patent Owner, and
`the Board. Id. Petitioner acknowledges that withdrawal of its Motion for
`Joinder “will result in a decision not to institute the Petition as time barred.”
`Id.
`
`We grant Petitioner’s Motion to Withdraw its Motion for Joinder.
`The Board’s rules for AIA proceedings “shall be construed to secure the just,
`speedy, and inexpensive resolution of every proceeding.” 37 C.F.R.
`§ 42.1(b); see Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,758 (Aug. 14, 2012). We agree with Petitioner that granting its Motion to
`Withdraw its Motion for Joinder will promote the “just, speedy, and
`inexpensive resolution” of this proceeding. Id.
`
`III. ORDER
`
`
`
`Accordingly, it is:
` ORDERED that Petitioner’s Motion to Withdraw its Motion for
`Joinder is granted.
`
`
`

`
`IPR2015-01014 (Patent 6,131,121 C1)
`IPR2015-01015 (Patent 6,009,469 C1)
`IPR2015-01017 (Patent 6,108,704 C1)
`
`
`
`FOR PETITIONER:
`Rajeev Gupta
`Raj.gupta@finnegan.com
`
`Darren Jiron
`Darren.jiron@finnegan.com
`
`Kevin O’Brien
`Kevin.obrien@bakermckenzie.com
`
`Paul Meiklejohn
`Meiklejohn.paul@dorsey.com
`
`
`
`
`
`FOR PATENT OWNER:
`
`William Meunier
`wameunier@mintz.com
`
`Matthew Durell
`mdurell@mintz.com

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