`Tel: 571-272-7822
`
`Paper 20
`Entered: November 24, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MERCEDES-BENZ USA, LLC,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00647
`Patent 5,845,000 B2
`____________
`
`
`Before JAMESON LEE, TREVOR M. JEFFERSON, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2014-00647
`Patent 5,845,000
`
`In Toyota Motor Corp. v. American Vehicular Sciences LLC,
`IPR2015-00262, Toyota Motor Corporation (“Toyota”) filed a Petition for
`inter partes review of claims 10, 11, 19, and 23 of U.S. Patent No.
`5,845,000, the same patent at issue in this proceeding. See Toyota Motor
`Corp. v. American Vehicular Sciences LLC, IPR2015-00262, Paper 1 (Nov.
`17, 2014). Contemporaneously with that Petition, Toyota filed a Motion for
`Joinder pursuant to 35 U.S.C. § 315(c), 37 C.F.R. § 42.22, and 37 C.F.R.
`§ 42.122(b), requesting that we institute an inter partes review in IPR2015-
`00262 and join that proceeding with this proceeding, IPR2014-00647. See
`Toyota Motor Corp. v. American Vehicular Sciences LLC, IPR2015-00262,
`Paper 3 (Nov. 17, 2014).
`In IPR2015-00262, Patent Owner American Vehicular Sciences LLC
`has been authorized to file an opposition to Toyota’s Motion for Joinder no
`later than December 4, 2014. See Toyota Motor Corp. v. American
`Vehicular Sciences LLC, IPR2015-00262, Notice of Filing Date Accorded to
`Petition (Paper 4) (Nov. 24, 2014). Patent Owner should file an opposition,
`if any, in IPR2015-00262 and in this proceeding on the same date. In
`addition, Petitioner Mercedes-Benz USA, LLC is authorized to file in this
`proceeding, no later than December 4, 2014, an opposition to Toyota’s
`Motion for Joinder requesting that IPR2015-00262 be joined with this
`proceeding.
`
`Accordingly, it is:
`
`ORDERED that Patent Owner American Vehicular Sciences LLC is
`
`authorized to file an opposition to Toyota’s Motion for Joinder in IPR2015-
`
`2
`
`
`
`IPR2014-00647
`Patent 5,845,000
`
`00262 no later than December 4, 2014, and Patent Owner’s Opposition shall
`be filed in both IPR2015-00261 and this proceeding; and
`
`FURTHER ORDERED that Petitioner Mercedes-Benz USA, LLC is
`authorized to file in this proceeding, no later than December 4, 2014, an
`opposition to Toyota’s Motion for Joinder requesting that IPR2015-00262
`be joined with this proceeding.
`
`FOR PETITIONER:
`Scott W. Doyle
`Jonathan R. DeFosse
`Shearman & Sterling LLP
`scott.doyle@shearman.com
`jonathan.defosse@shearman.com
`
`FOR PATENT OWNER:
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`McAndrews Held & Malloy
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`
`
`
`3
`
`
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