`571-272-7822
`
`
`
`
`Paper 65
`Entered: October, 26 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JUNIPER NETWORKS, INC., RUCKUS WIRELESS, INC.,
`BROCADE COMMUNICATION SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-01399
`Patent 8,902,760 B21
`_______________
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 Ruckus Wireless, Inc., Brocade Communication Systems, Inc., and
`Netgear, Inc. filed a petition in IPR2017-00719 (now terminated), and were
`joined to this proceeding.
`
`
`
`IPR2016-01399
`Patent 8,902,760 B2
`
`
`ANALYSIS
`I.
`During the oral hearing in this proceeding, Patent Owner notified us
`for the first time that the patent at issue in this proceeding, U.S. Patent No.
`8,902,760 B2 (“the ’760 patent”), also was the subject of an ex parte
`reexamination. Paper 62, 2; Paper 63, 226:11–228:12. After the oral
`hearing, Patent Owner notified us that an Ex Parte Reexamination
`Certificate had issued for the ’760 patent on September 18, 2017. Paper 64,
`1. The Ex Parte Reexamination Certificate indicates that certain claims of
`the ’760 patent at issue in this proceeding were amended during the ex parte
`reexamination. Ex. 2056, 1:23–2:4. As a result, we seek additional briefing
`from the parties addressing what impact the amendments made during the ex
`parte reexamination have on this proceeding.
`Specifically, the parties should address the following issues:
`1) whether we should issue a final written decision with respect to the
`amended claims or terminate this proceeding as to the amended claims; and
`2) whether the limitation added to the amended claims was addressed by the
`parties in the Petition and the Patent Owner Response in this proceeding,
`and, if so, where that limitation was addressed in those papers. The parties
`also should identify any authority that supports their positions. The parties
`are not authorized to submit any additional evidence with the requested
`briefing. To the extent a party does not address any of the issues set forth
`above, that party will be considered to have waived any arguments relating
`to that issue in this proceeding.
`
`2
`
`
`
`IPR2016-01399
`Patent 8,902,760 B2
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby
`ORDERED that each party may file a brief, limited to five (5) pages,
`according to the instructions above by November 7, 2017; and
`FURTHER ORDERED that no additional evidence may be submitted
`with the requested briefing.
`
`
`
`
`3
`
`
`
`IPR2016-01399
`Patent 8,902,760 B2
`
`PETITIONER:
`
`Nima Hefazi
`Michael Fleming
`Jonathan Kagan
`Talin Gordnia
`IRELL & MANELLA, LLP
`nhefazi@irell.com
`mfleming@irell.com
`jkagan@irell.com
`tgordnia@irell.com
`
`Joseph A. Powers
`Christopher J. Tyson
`Matthew S. Yungwirth
`DUANE MORRIS LLP
`japowers@duanemorris.com
`cjtyson@duanemorris.com
`
`
`PATENT OWNER:
`
`Frank A. Angileri
`Thomas A. Lewry
`Marc Lorelli
`Christopher C. Smith
`BROOKS KUSHMAN P.C.
`CHRMC0110IPR2@brookskushman.com
`
`Richard W. Hoffmann
`REISING ETHINGTON P.C.
`hoffmann@reising.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
