`571-272-7822
`
`
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`
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`
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` Paper 7
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`
`
` Entered: June 10, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DIRECTV, LLC
`Petitioner,
`
`v.
`
`QURIO HOLDINGS, INC.
`Patent Owner.
`____________
`
`Cases1
`IPR2016-00993 (Patent 8,102,863 B1)
`IPR2016-00994 (Patent 8,879,567 B1)
`____________
`
`
`
`Before BARBARA A. BENOIT, KERRY BEGLEY, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2016-00993 (Patent 8,102,863 B1)
`IPR2016-00994 (Patent 8,879,567 B1)
`
`
`A conference call was held on June 10, 2016, at approximately 11:30
`AM ET. The participants were respective counsel for the parties,
`DIRECTV, LLC, Petitioner, and QURIO HOLDINGS, INC, Patent Owner,
`and Judges Benoit, Begley, and Chung. The subject matter of the call was
`Motions for Joinder (IPR2016-00993, Paper 3; IPR2016-00994, Paper 3),
`filed by Petitioner in IPR2016-00993 and IPR2016-00994, which seek to
`join these proceedings with IPR2016-00005 and IPR2016-00080,
`respectively. DISH Network L.L.C. (“DISH”) is the petitioner in both
`IPR2016-00005 and IPR2016-00080.
`During the conference call, counsel for Petitioner indicated that
`Petitioner has been in communication with DISH and that both Petitioner
`and DISH are amenable to joinder. Petitioner also agreed that if joinder is
`granted, it will not file additional briefing directed to points of disagreement
`with DISH. Petitioner agreed to confirm both of these items in writing.
`Counsel for Patent Owner indicated that Patent Owner was not
`prepared at this time to waive filing a Preliminary Response. If Patent
`Owner decides that it will not file a Preliminary Response, Patent Owner is
`requested to notify the Board promptly.
`Currently, Patent Owner’s Preliminary Responses in these
`proceedings are due August 3, 2015. See, e.g., IPR2016-00993, Paper 4.
`During the conference call, counsel for Patent Owner indicated that Patent
`Owner could not accommodate the Board’s request to file its planned
`Preliminary Responses in early July because its Responses in IPR2016-
`00005 and IPR2016-00080 were due no later than July 5, 2016 in IPR2016-
`00005 and July 15, 2016 in IPR2016-00080.
`2
`
`
`
`IPR2016-00993 (Patent 8,102,863 B1)
`IPR2016-00994 (Patent 8,879,567 B1)
`
`
`In response to Patent Owner’s concerns, and concurrent with this
`Order, we are issuing an order in those proceedings to change the due date
`for Patent Owner’s Responses to August 15, 2016. Given that the Petitions
`in the instant proceedings substantively are identical with the instituted
`grounds in IPR2016-00005 and IPR2016-00080, we are expediting the
`briefing scheduled for the Patent Owner Preliminary Responses in IPR2016-
`00993 and IPR2016-00994. The Preliminary Responses in IPR2015-00993
`and IPR2016-00994 are now due July 5, 2016. We will then consider
`Petitioner’s motions for joinder promptly after the Preliminary Responses
`are filed (or waived) to minimize any delays in the schedule, should the
`Board decide to join the proceedings. It is:
`ORDERED that, if Petitioner wishes to maintain its requests for
`joinder, Petitioner and DISH Network L.L.C. must file a joint notice
`agreeing to joinder of the above-identified inter partes reviews by close of
`business on Wednesday, June 15, 2016;
`FURTHER ORDERED that Petitioner shall confirm in writing in that
`joint notice that Petitioner understands and agrees that it will not be
`permitted any separate filings to either points of disagreement with DISH or
`to any separate arguments in furtherance of those advanced by DISH, if
`joinder is granted; and
`FURTHER ORDERED that Patent Owner may file a Preliminary
`Response in IPR2016-00993 and a Preliminary Response in IPR2016-00994
`no later than July 5, 2016.
`
`
`
`
`3
`
`
`
`IPR2016-00993 (Patent 8,102,863 B1)
`IPR2016-00994 (Patent 8,879,567 B1)
`
`
`PETITIONER:
`
`Thomas Millikan
`Kevin Patariu
`Joseph Reid
`Bing Ai
`millikan@perkinscoie.com
`kpatariu@perkinscoie.com
`jreid@perkinscoie.com
`Ai-ptab@perkinscoie.com
`
`PATENT OWNER:
`Robert Renke
`QURIO HOLDINGS, INC.
`robert.renke@flashpoint.com
`
`
`
`4
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