`571-272-7822
`
`
`
`
`
`Paper 33
`Entered: November 12, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`SHOPIFY, INC., PRICELINE.COM LLC, and BOOKING.COM B.V.
`Petitioner,
`
`v.
`
`DDR HOLDINGS, LLC,
`Patent Owner.
`____________
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`____________
`
`
`
`Before CARL M. DEFRANCO, PATRICK M. BOUCHER, and
`ALYSSA A. FINAMORE, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Adjusting One-Year Pendency Due to Joinder
`35 U.S.C. § 316(a)(11); 37 C.F.R. § 42.100(c)
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`
`On November 15, 2018, the Board instituted an inter partes review in
`
`each of these proceedings. See Paper 12.1 On June 10, 2019, the Board
`
`joined Priceline.com LLC and Booking.com B.V. to each of the
`
`proceedings. See Paper 26.
`
`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.
`
`In accordance with 37 C.F.R. § 42.100(c), the Board adjusts the time
`
`of pendency before the Board in the present proceeding, which involves
`
`joinder, to permit the Board to consider and determine the pending issues.
`
`The Board shall issue a Final Written Decision in this proceeding no later
`
`than February 14, 2020.
`
`
`
`
`
`
`1 Citations are to IPR2018-01008. Similar papers have been entered in each
`of the proceedings.
`
`2
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`
`It is
`
`ORDERED that the time of pendency in this proceeding, which
`
`involves joinder, is adjusted; and
`
`FURTHER ORDERED that the Board shall issue a Final Written
`
`Decision in this proceeding no later than February 14, 2020.
`
`3
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`PETITIONER:
`
`
`Michael McNamara
`mmcnamara@mintz.com
`
`William Meunier
`wameunier@mintz.com
`
`
`
`
`PATENT OWNER:
`
`Louis Hoffman
`donald@valuablepatents.com
`
`Justin Lesko
`justinlesko@patentit.com
`
`Ian Crosby
`icrosby@susmangodfrey.com
`
`
`
`
`4
`
`
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