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Comcast Cable Communications, LLC v. Veveo, Inc.

Docket IPR2019-00290, Patent Trial and Appeal Board (Nov. 12, 2018)
Barbara Parvis, Kalyan Deshpande, Kara Szpondowski, Karl Easthom, Kevin Cherry, Lynne Pettigrew, Scott Bain, Sheila McShane, William Fink, presiding
Case TypeInter Partes Review
Patent7937394
Patent Owner Veveo, Inc.
Petitioner Comcast Cable Communications, LLC
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65 Order on Motion: Order on Motion

Document IPR2019-00290, No. 65 Order on Motion - Order on Motion (P.T.A.B. Nov. 10, 2021)
1 As set forth in more detail in the Appendix, certain proceedings involve a different Patent Owner, but Rovi Guides, Inc. is a real party-in-interest.
On September 2, 2021, Patent Owner filed a Request for Rehearing by the Director in each proceeding.
Under 35 U.S.C. § 317(a), “[i]f no petitioner remains in the inter partes review, the Office may terminate the review or proceed to a final written decision under section 318(a).” The Board already has proceeded to a final written decision in each of these cases.
The United States Court of Appeals for the Federal Circuit issued orders in the appeals of each of the above-referenced cases, remanding the cases to the Office “for the limited purpose of allowing the parties to seek further action by the Director.” See, e.g., Rovi Guides, Inc. v. Hirshfeld, No. 2020-2111, ECF No. 50, at 2 (Aug. 3, 2021).
It is ORDERED that Patent Owner’s request for authorization to file a motion to terminate, vacate, and keep the Settlement Agreement confidential the above-listed proceedings is denied.
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64 Order Other: Order Denying Request for Director Review

Document IPR2019-00290, No. 64 Order Other - Order Denying Request for Director Review (P.T.A.B. Oct. 29, 2021)
Before ANDREW HIRSHFELD, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
The requests were referred to Mr. Hirshfeld, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
It is ORDERED that the request for Director review in each case is denied; and FURTHER ORDERED that the Patent Trial and Appeal Board’s Final Written Decision in each case is the final decision of the agency.
IPR2019-00237 (Patent 7,779,011 B2) IPR2019-00239 (Patent 7,779,011 B2) IPR2019-00290 (Patent 7,937,394 B2) IPR2019-00292 (Patent 7,937,394 B2) For PETITIONER: Frederic Meeker Bradley Wright John Hutchins Blair Silver Ronald Israelsen Bennett Ingvoldstad Chunhsi Mu
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62 Order Conduct of Proceeding: Conduct of the Proceeding37 CFR seC 425

Document IPR2019-00290, No. 62 Order Conduct of Proceeding - Conduct of the Proceeding37 CFR seC 425 (P.T.A.B. Sep. 2, 2020)
The parties are not permitted to use this caption style, except as otherwise authorized.
For the reasons discussed below, Patent Owner’s Motion is granted in each proceeding.
The Consolidated Trial Practice Guide states that “[c]onfidential information that is subject to a protective order ordinarily would become public ... 45 days after final judgment in a trial.” Consolidated Trial Practice Guide, 21– 22 (November, 2019).3 A party seeking to maintain the confidentiality of information may file a motion to expunge the information from the record prior to the information becoming public under 37 C.F.R. § 42.56.
Patent Owner makes this request because the Federal Rules of Appellate Procedure and the Federal Circuit Rules require that the record be retained pending appeal and granting the Motion would preserve the record prior to expungement of confidential information under 37 C.F.R § 42.56.
Patent Owner indicates an intent to request an expungement of the confidential information at the conclusion of the disposition of all appeals.
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58 Order: Order Unsealing Final Written Decision

Document IPR2019-00290, No. 58 Order - Order Unsealing Final Written Decision (P.T.A.B. Aug. 12, 2020)
On June 30, 2020, we entered the Final Written Decision in this inter partes review.
Because some of the Final Written Decision made reference to documents which have been sealed, we sealed that version of the Final Written Decision, making it available to the Board and parties only.
The order stated that, if a joint motion to seal was not filed, the Final Written Decision would be made available to the public.
Accordingly, we issue an unredacted Final Written Decision available to the public.
In view of the foregoing, it is hereby: ORDERED that an unredacted version of Paper 56 shall be made available to the public.
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59 Order: Final Written Decision Public Version

Document IPR2019-00290, No. 59 Order - Final Written Decision Public Version (P.T.A.B. Aug. 12, 2020)
(b) Petitioner’s Arguments Petitioner argues that none of the pre-Howard evidence produced by Patent Owner shows conception of an index that directly maps items to unresolved keystrokes as claimed in the ’394 patent.
Petitioner argues that none of the evidence of record demonstrates that the inventors had conceived of using an index containing unresolved keystrokes prior to the Howard filing date, and the earliest document showing this is allegedly ...
... scenarios that Petitioner additionally proposes, the use of keystroke sequences “84” and “847,” King also fails to teach direct mapping based on its analyses 48 PUBLIC VERSION IPR2019-00290 Patent 7,937,394 B2 because none ...
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57 Notice: Notice of Disposition of Sealed Final Written Decision Determining All Challenged Claims Unpatentable

Document IPR2019-00290, No. 57 Notice - Notice of Disposition of Sealed Final Written Decision Determining All Challenged Claims Unpatentable (P.T.A.B. Jun. 30, 2020)
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55 Hearing Transcript: Hearing Transcript

Document IPR2019-00290, No. 55 Hearing Transcript - Hearing Transcript (P.T.A.B. May. 7, 2020)
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