`571.272.7822
`
`
`
`
`IPR2016-01000, Paper 33
`IPR2016-01003, Paper 32
`IPR2016-01099, Paper 29
`IPR2016-01100, Paper 33
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Petitioner,
`
`v.
`
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Patent Owner.
`
`
`IPR2016-01000 (Patent 9,038,656 B2)1
`IPR2016-01003 (Patent 8,261,761 B2)
`IPR2016-01099 (Patent 6,006,838)
`IPR2016-01100 (Patent 6,848,505 B2)
`
`
`
`
`Before MITCHELL G. WEATHERLY, BEVERLY M. BUNTING, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`
`
` ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`1 This order addresses issues common to all cases; therefore, we issue a
`single order to be entered in each case. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`
`
`
`IPR2016-01000 (Patent 9,038,656 B2)
`IPR2016-01003 (Patent 8,261,761 B2)
`IPR2016-01099 (Patent 6,006,838)
`IPR2016-01100 (Patent 6,848,505 B2)
`
`
`On October 6, 2017, Patent Owner sent an email correspondence to
`
`the Board seeking a conference call to request authorization to file a motion
`
`to dismiss for lack of jurisdiction in the above-referenced cases under
`
`37 C.F.R. § 42.20(b). Specifically, on the basis that inter partes review in
`
`these proceedings violates Article III and the Seventh Amendment of the
`
`Constitution. See Ex. 3001.2 Patent Owner’s email has been entered in the
`
`record as Exhibit 3001.
`
`Patent Owner indicates the purpose of its request is to preserve the
`
`issue in light of the Supreme Court’s recent grant of certiorari in Oil States
`
`Energy Services, LLC v. Greene’s Energy Group, LLC, 2017 WL 2507340
`
`(U.S. June 12, 2017). We note, however, that Patent Owner’s argument is
`
`foreclosed under existing Federal Circuit precedent. See id.; see also MCM
`
`Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015)
`
`(holding inter partes review does not violate Article III or the Seventh
`
`Amendment right to a jury trial).
`
`Under the circumstances, rather than additional briefing that would
`
`result from filing a motion, entry of this Order noting Patent Owner’s
`
`request should be sufficient for its intended purpose of preserving this issue.
`
`Accordingly, Patent Owner’s position is noted and its request for
`
`authorization to file a motion to dismiss is denied.
`
`Accordingly, it is:
`
`
`
`2 Citations are to IPR2016-01000.
`
`2
`
`
`
`IPR2016-01000 (Patent 9,038,656 B2)
`IPR2016-01003 (Patent 8,261,761 B2)
`IPR2016-01099 (Patent 6,006,838)
`IPR2016-01100 (Patent 6,848,505 B2)
`
`
`ORDERED that Patent Owner’s request for authorization to file a
`
`motion to dismiss is denied.
`
`
`
`
`PETITIONER:
`
`Stefan Koschmieder
`CPDocketSK@oblon.com
`Alexander J. Hadjis
`CPDocketHadjis@oblon.com
`Christopher Ricciuti
`CPDocketRicciuti@oblon.com
`
`
`PATENT OWNER:
`
`Mark Garrett
`mark.garrett@nortonrosefulbright.com
`Eagle Robinson
`eagle.robinson@nortonrosefulbright.com
`
`
`
`
`
`3
`
`
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