Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper No. 69
`Entered: December 15, 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 IPR2016-013991
`Patent 8,902,760 B2
`_______________
`
`
`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.
`
`
`571-272-7822
`
`
`
`
`Paper No. 69
`Entered: December 15, 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 IPR2016-013991
`Patent 8,902,760 B2
`_______________
`
`
`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.
`On August 31, 2017, 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”), was the subject of an ex
`parte reexamination, and that a Notice of Intent to Issue Ex Parte
`Reexamination Certificate had mailed. Paper 63, 226:11–228:12. After the
`oral hearing, Patent Owner also 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 (“the amended claims”). Ex. 2056, 1:23–2:4. We previously
`sought additional briefing from the parties regarding the impact of the ex
`parte reexamination on this proceeding. Paper 65, 2–3.
`We now seek further briefing from the parties to specifically address
`the patentability of the amended claims. Specifically, we authorize
`additional briefing as follows: 1) Petitioner may file an opening briefing of
`five (5) pages that addresses the patentability of the amended claims based
`on the asserted grounds of unpatentability on which we instituted this inter
`partes review by January 3, 2018; 2) Patent Owner may file a response of
`five (5) pages that responds to the issues raised by Petitioner’s opening brief
`by January 17, 2018; and 3) Petitioner may file a reply of two (2) pages that
`responds to the issues raised by Patent Owner’s response by January 23,
`2018. The parties are not authorized to submit any additional evidence with
`the requested briefing. If the parties would like us to consider any
`modifications to this procedure, the parties should meet and confer and then
`request a conference call with the panel by December 19, 2017.
`
`2
`
`
`
`IPR2016-01399
`Patent 8,902,760 B2
`
`
`In addition, we note that, pursuant to 35 U.S.C. § 316(a)(11), “the
`final determination in an inter partes review [shall] be issued not later than 1
`year after the date on which the Director notices the institution of a review
`under this chapter, except that the Director . . . may adjust the time periods
`in this paragraph in the case of joinder under section 315(c).” The Director
`has delegated the authority to adjust the one-year period to the Board. See
`37 C.F.R. § 42.100(c). In particular, 37 C.F.R. § 42.100(c) provides:
`An inter partes review proceeding shall be administered such
`that pendency before the Board after institution is normally no
`more than one year. The time can be . . . adjusted by the Board
`in the case of joinder.
`Juniper Networks, Inc. filed the Petition in this proceeding (Paper 1), and we
`later joined Ruckus Wireless, Inc., Brocade Communication Systems, Inc.,
`and Netgear, Inc. to this proceeding under 35 U.S.C. § 315(c) (Paper 25, 5–
`6). In accordance with 37 C.F.R. § 42.100(c), we hereby adjust the time
`period for a final determination in this proceeding, which involves joinder,
`to permit us to consider and determine the pending issues. We will issue a
`final determination by April 30, 2018.
`II. ORDER
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner may file an opening briefing of five (5)
`pages that addresses the patentability of the amended claims based on the
`asserted grounds of unpatentability on which we instituted this inter partes
`review by January 3, 2018;
`FURTHER ORDERED that Patent Owner may file a response of five
`(5) pages that responds to the issues raised by Petitioner’s opening brief by
`January 17, 2018;
`
`3
`
`
`
`IPR2016-01399
`Patent 8,902,760 B2
`
`
`FURTHER ORDERED Petitioner may file a reply of two (2) pages
`that responds to the issues raised by Patent Owner’s response by January 23,
`2018; and
`FURTHER ORDERED that, pursuant to 37 C.F.R. § 42.100(c), we
`hereby adjust the date for a final determination in this proceeding to April
`30, 2018.
`
`
`
`
`4
`
`
`
`IPR2016-01399
`Patent 8,902,760 B2
`
`PETITIONER:
`
`Talin Gordnia
`Michael Fleming
`Nima Hefazi
`Jonathan Kagan
`IRELL & MANELLA, LLP
`tgordnia@irell.com
`mfleming@irell.com
`jkagan@irell.com
`nhefazi@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.
`fangileri@brookskushman.com
`tlewry@brookskushman.com
`hoffmann@reising.com
`mlorelli@brookskushman.com
`csmith@brookskushman.com
`CHRMC0110IPR2@brookskushman.com
`
`Richard W. Hoffmann
`REISING ETHINGTON P.C.
`hoffmann@reising.com
`
`5
`
`
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