`571-272-7822
`
`
`
`
`Paper 17
`Entered: September 18, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FINJAN, INC.,
`Petitioner,
`
`v.
`
`FIREEYE, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00492
`Patent 8,171,553 B2
`
`
`
`Before BRYAN F. MOORE, LYNNE E. PETTIGREW, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.05
`
`
`
`IPR2014-00492
`Patent 8,171,553 B2
`
`
`The initial conference call in the above proceeding was held on
`August 26, 2014. Counsel for Petitioner and Patent Owner participated in
`the call with Judges Moore, Pettigrew, and Ippolito. The purpose of the call
`was to discuss any issues the parties have regarding the Scheduling Order
`issued on July 25, 2014 (Paper 9) and any motion either party intends to file.
`On August 21, 2014, the parties stipulated to a revised schedule. Paper 11.
`Other than the aforementioned revisions, no objection was raised to the dates
`set forth in the Board’s Scheduling Order. Both parties filed a proposed
`motions list. The following issues were discussed.
`A. Related Proceedings
`The Board was advised that district court litigation exists between the
`parties involving a patent that is neither involved in this proceeding nor
`related to U.S. Patent No. 8,171,553 at issue in this proceeding. The parties
`advised the Board that the district court litigation is currently stayed in favor
`of a reexamination proceeding.
`
`B. Settlement
`The parties advised the Board that there is no impending settlement.
`C. Motions
`Petitioner listed several motions in its proposed motion list.
`Nonetheless, Petitioner advised the Board that it did not have any
`present intention of filing those motions. The Board reminded
`Petitioner that it would have to seek specific authorization for those
`motions, if Petitioner decides to file them at some later date. Patent
`Owner indicated that it did not have any intent presently to file any
`motions.
`
`2
`
`
`
`
`
`
`
`IPR2014-00492
`Patent 8,171,553 B2
`
`D. Other Issues
`At this time, no other issues were identified by the parties.
`
`
`PETITIONER:
`
`
`James R. Hannah
`Michael Lee
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`
`
`
`PATENT OWNER:
`
`
`David L. McCombs
`Thomas B. King
`Gregory P. Huh
`HAYNES AND BOONE, LLP
`David.mccombs.ipr@haynesboone.com
`ipr.thomas.king@haynesboone.com
`gregory.huh.ipr@haynesboone.com
`
`3
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