`571-272-7822
`
`
`
`
`Paper 33
`Entered: April 19, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`GLOBAL TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00663 (Patent 7,215,752 B2)
`Case IPR2016-00669 (Patent 7,844,041 B2)1
`____________
`
`
`
`Before KALYAN K. DESHPANDE, DAVID C. McKONE, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. §§ 42.5
`
`
`
`
`1 This Order pertains to both of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2016-00663 (Patent 7,215,752 B2)
`IPR2016-00669 (Patent 7,844,041 B2)
`
`Our Order of March 21, 2017 (Paper 22)2 required Petitioner to “serve
`copies of the documents specified in 35 U.S.C. § 312(a)(5) from these
`proceedings and [the March 21] Order on Toni Natalie, Thomas Delaney,
`Steve Danzig, Saul Miodownik, Alan Rubens, and Hamilton, Brook, Smith
`& Reynolds, P.C.” Paper 22, 17. The Order also required these individuals
`and entities to “appear in these proceedings within 10 days of service” if
`“they contend they have an ownership interest in the challenged patents.”
`Id. Petitioner now has completed service on all of these individuals or
`entities except for Saul Miodownik, who Petitioner indicates is deceased.
`Papers 23, 26, 30. In particular, Petitioner personally served Toni Natalie,
`who “also goes by the name Toni Foley,” on April 8, 2017. Paper 30, 1.
`On April 17, 2017, Ms. Foley sent an email to trials@uspto.gov
`indicating that she has “found it challenging to retain counsel to potentially
`represent [her] that is authorized to practice before the PTAB.”
`Accordingly, Ms. Foley requested a 60-day extension so that she could
`“properly determine [her] rights and all remedies in” these proceedings.
`We are required “to secure the just, speedy, and inexpensive
`resolution” of these proceedings (37 C.F.R. § 42.1(b)), and our time for
`issuing a Final Written Decision is limited. See 35 U.S.C. § 316(a)(11);
`37 C.F.R. § 42.100(c). For these reasons, we will not agree to Ms. Foley’s
`request for a 60-day extension in which to make an appearance.
`Nevertheless, as an accommodation to Ms. Foley, we will extend the
`deadline by which she may appear until May 1, 2017. Should Ms. Foley
`
`
`2 Because the citations relevant to this Order are nearly identical in each
`proceeding, we only will refer to those filed in Case IPR2016-00663 for
`convenience.
`
`2
`
`
`
`IPR2016-00663 (Patent 7,215,752 B2)
`IPR2016-00669 (Patent 7,844,041 B2)
`
`decide to appear in these proceedings, she shall state the basis of her
`contention that she has a right to appear, either as patent owner or on behalf
`of an entity that owns the patents (e.g., the basis of her current authority to
`represent Global Technologies, Inc.).
`
`For the reasons given, it is:
`ORDERED that, should Toni Foley contend that she has an ownership
`interest in the challenged patents, then she shall appear in these proceedings
`no later than May 1, 2017, and she shall state the basis of her contention that
`she has a right to appear; and
`FURTHER ORDERED that a copy of this Order shall be sent by
`email to Ms. Foley’s email address.
`
`
`3
`
`
`
`IPR2016-00663 (Patent 7,215,752 B2)
`IPR2016-00669 (Patent 7,844,041 B2)
`
`
`PETITIONER:
`
`Todd Siegel
`John Vandenberg
`KLARQUIST SPARKMAN, LLP
`todd.siegel@klarquist.com
`john.vandenberg@klarquist.com
`
`OTHER POTENTIALLY INTERESTED PARTY:
`
`Toni Foley
`tonifoley58@gmail.com
`
`4
`
`