Patent Owner opposes the joinder of Kingston to the 82 IPR, arguing: On October 16, 2017, after having reviewed two preliminary responses by SPEX and two institution denials by
the PTAB, Western Digital filed a third petition in case number IPR2018-00082 (“82-IPR”) alleging that claims 1-2, 6-7, 11-12, 23-25, and 38-39 of the ’802 Patent were unpatentable over Harari and other references.
Paper 14, 16–20 (addressing Patent Owner’s arguments urging we exercise our discretion to deny the WDC Petition in the 82 IPR based on the General Plastic factors).
Accordingly, we grant Kingston’s Motion for Joinder with the 82 IPR, subject to the condition that: Petitioner here (i.e., Kingston Technology Company, Inc.) will be bound by all substantive and procedural filings and representations of current Petitioner in IPR2018-00082 (i.e., Western Digital Corporation), without a separate opportunity to be heard, whether orally or in writing, unless and until the proceeding is terminated with respect to Western Digital Corporation.
In view of the foregoing, we determine that joinder based upon the above-noted condition will have little or no impact on the timing, cost, or presentation of the trial on the instituted grounds.