`Tel: 571-272-7822
`
`Paper 44
`Entered: January 4, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
` ZTE (USA) INC., HTC CORPORATION, HTC AMERICA, INC.,
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
` Petitioners,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-007571
`Patent 7,881,236 B2
`_________
`
`
`Before WILLIAM V. SAINDON, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges
`
`McMILLIN, Administrative Patent Judge
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`1 IPR2016-01345 has been consolidated with this proceeding.
`
`
`
`IPR2016-00757
`Patent 7,881,236 B2
`
`A Final Written Decision (Paper 42) was issued in these consolidated
`
`proceedings on November 30, 2017. In the Final Written Decision, claims
`1–10, 12, and 13 of US Patent No. 7,881,236 B2 were held to be
`unpatentable. On December 29, 2017, Patent Owner filed a Request for
`Rehearing Pursuant to 37 C.F.R. §42.71(d) (Paper 43, “Request”).
`
`Due to the particular fact-specific nature of Patent Owner’s request
`and the particular circumstances of this case, the panel believes full briefing
`would be useful. Accordingly, Petitioners are authorized to file an
`opposition to the Request. Petitioners’ opposition shall be limited to 15
`pages. The page limit does not include a caption and title, a table of
`contents, a table of authorities, a certificate of service, or an appendix of
`exhibits.
`
`Petitioners are requested to file a single, combined opposition to the
`Request on behalf of all the Petitioners. If Petitioners are unable or
`unwilling to file a single, combined opposition to the Request, any
`Petitioners who are unable or unwilling to file a single, combined request
`shall notify the Board by email with an explanation and shall indicate the
`relief requested.
`
`Patent Owner is authorized to file a reply in support of the Request.
`Patent Owner’s reply shall be limited to 5 pages. The page limit does not
`include a caption and title, a table of contents, a table of authorities, a
`certificate of service, or an appendix of exhibits.
`Therefore, it is
`ORDERED that Petitioners are authorized to file an opposition to
`Patent Owner’s Request for Rehearing (Paper 43) in accordance with this
`Order on or before January 19, 2018; and
`
`2
`
`
`
`IPR2016-00757
`Patent 7,881,236 B2
`
`
`FURTHER ORDERED that Patent Owner is authorized to file a reply
`in accordance with this Order on or before January 26, 2018.
`
`
`
`3
`
`
`
`IPR2016-00757
`Patent 7,881,236 B2
`
`PETITIONERS:
`For ZTE petitioners:
`Charles M. McMahon
`cmcmahon@mwe.com
`Hersh H. Mehta
`hmehta@mwe.com
`
`For HTC petitioners:
`Stephen S. Korniczky
`skorniczky@sheppardmullin.com
`Martin Bader
`mbader@sheppardmullin.com
`Ericka J. Schulz
`eschulz@sheppardmullin.com
`
`For Samsung petitioners:
`James M. Glass
`jimglass@quinnemanuel.com
`Kevin P.B. Johnson,
`kevinjohnson@quinnemanuel.com
`Todd M. Briggs
`toddbriggs@quinnemanuel.com
`John T. McKee
`johnmckee@quinnemanuel.com
`
`
`PATENT OWNER:
`Cyrus Morton
`Ryan Schultz
`cmorton@robinskaplan.com
`rschultz@robinskaplan.com
`
`
`4
`
`