`Tel: 571–272–7822
`
`
`Paper 16
`Entered: February 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JIAWEI TECHNOLOGY (HK) LTD., JIAWEI TECHNOLOGY (USA) LTD.,
`SHENZHEN JIAWEI PHOTOVOLTAIC LIGHTING CO., LTD., ATICO
`INTERNATIONAL (ASIA) LTD., ATICO INTERNATIONAL USA, INC.,
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN LUEN CHINA),
`COLEMAN CABLE, LLC, NATURE’S MARK, RITE AID CORP., SMART
`SOLAR, INC., AND TEST RITE PRODUCTS CORP.,
`Petitioner,
`
`v.
`
`SIMON NICHOLAS RICHMOND,
`Patent Owner.
`_______________
`
`IPR2015-00580
`Patent 7,429,827 B2
`_______________
`
`
`Before WILLIAM V. SAINDON, JUSTIN T. ARBES and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2015-00580
`Patent 7,429,827
`
`
`I. DISCUSSION
`
`On January 16, 2015, Petitioner requested joinder of IPR2015-00580 and
`IPR2014-00938. IPR2015-00580 seeks to address four claims on which review
`was denied in IPR2014-00938. Petitioner is seeking to expedite Patent Owner’s
`preliminary response period in IPR2015-00580. We have the authority to expedite
`a preliminary response under 37 C.F.R. § 42.5(c)(1) (“Times set by rule . . . may be
`modified by order.”).
`We held a conference call on February 11, 2015, during which time we
`heard the views of both sides on the matter. For the following reasons, we grant
`Petitioner’s request to expedite Patent Owner’s preliminary response.
`The issue in IPR2015-00580 is largely the same as the issue in IPR2014-
`00938. Patent Owner addressed Petitioner’s asserted ground that claims 31-34 of
`the ’827 patent would have been obvious in view of Chliwnyj and Wu in the
`Preliminary Response filed in IPR2014-00938. Petitioner now asserts that claims
`31-34 would have been obvious in view of Chliwnyj, Wu, and Lau. The new
`reference, Lau, was at issue in IPR2014-00938 with respect to another claim.
`Accordingly, the new ground involves only four claims and is substantially similar
`to the old ground, with the addition of a new reference with which Patent Owner is
`familiar already. Thus, we determine it would not overly burden Patent Owner to
`file its preliminary response expeditiously.
`In addition, if we were not to expedite Patent Owner’s preliminary response
`and then later grant joinder, it would require significant scheduling changes in
`IPR2014-00938. For example, Patent Owner would likely have to engage in a
`second round of discovery because Due Date 1 in IPR2014-00938 (March 23,
`2015) would have passed.
`
` 2
`
`
`
`
`
`
`
`IPR2015-00580
`Patent 7,429,827
`
`
`We are to construe our rules “to secure the just, speedy, and inexpensive
`resolution of every proceeding.” 37 C.F.R. § 42.1(b). Weighing the above
`considerations, we determine the most efficient and least burdensome path in this
`case and in IPR2014-00938 is to set Patent Owner’s preliminary response in
`IPR2015-00580 to be due no later than March 16, 2015.
`We are mindful that this may affect the parties’ preparation in IPR2014-
`00938 and we encourage the parties to confer and to stipulate to new due dates in
`that proceeding if the need arises.
`We also hereby authorize Petitioner to submit, at its option, a reply to Patent
`Owner’s Opposition to Petitioner’s Motion for Joinder, should Patent Owner file
`an opposition to that Motion. The reply is limited to no more than 5 pages and is
`due by March 16, 2015.
`
`II. ORDER
`
`In view of the foregoing, it is hereby:
`ORDERED that Patent Owner’s Preliminary Response must be uploaded
`into PRPS no later than March 16, 2015; and
`FURTHER ORDERED that Petitioner is authorized to submit a reply to
`Patent Owner’s Opposition to Petitioner’s Motion for Joinder of no more than 5
`pages by March 16, 2015.
`
`
`
`
`
`
`
` 3
`
`
`
`
`
`
`
`IPR2015-00580
`Patent 7,429,827
`
`PETITIONER:
`Mark Nelson
`Daniel Valenzuela
`Lissi Mojica
`Kevin Greenleaf
`mark.nelson@dentons.com
`daniel.valenzuela@dentons.com
`lissi.mojica@dentons.com
`kevin.greenleaf@dentons.com
`
`PATENT OWNER:
`Theodore Shiells
`Marcus Benavides
`tfshiells@shiellslaw.com
`marcusb@tlpmb.com
`
`
` 4
`
`
`
`
`
`
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