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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`WINDY CITY INNOVATIONS, LLC
`Patent Owner.
`
`
`Case No. IPR2016-011591
`Patent No. 8,694,647 B1
`
`
`
`PETITIONER’S RESPONSE TO ORDER
`RE PROCEDURES FOLLOWING REMAND
`
`
`
`
`1 Case IPR2017-00659 has been joined with this proceeding.
`
`
`
`

`

`Petitioner’s Response to Order re
`Procedures Following Remand
`
`Petitioner respectfully submits the following response to the Board’s
`
`November 13, 2020 order regarding procedures following remand. (Paper 57.)
`
`Petitioner proposes that the Board hold any further proceedings in abeyance
`
`until the time to petition the Supreme Court for a writ of certiorari has passed or until
`
`any such petition is resolved. In an order dated March 19, 2020, the Supreme Court
`
`extended the deadline to file any petition for a writ of certiorari to 150 days from the
`
`date of the lower court judgment.2 In this case, the judgment in the appeal issued on
`
`September 4, 2020, and therefore the deadline to file a petition for a writ of certiorari
`
`is February 1, 2021. See Facebook, Inc. v. Windy City Innovations, LLC, Case No.
`
`18-1400, ECF No. 113 (Fed. Cir. Sept. 4, 2020).
`
`
`Dated: November 20, 2020
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioner
`Facebook, Inc.
`
`
`2 See https://www.supremecourt.gov/orders/courtorders/031920zr_d1o3.pdf.
`
`
`
`

`

`Petitioner’s Response to Order re
`Procedures Following Remand
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`I hereby certify, pursuant to 37 C.F.R. § 42.6, that a complete copy of the
`
`attached PETITIONER’S RESPONSE TO ORDER RE PROCEDURES
`FOLLOWING REMAND is being served on the 20th day of November, 2020, by
`electronic mail on counsel of record for the Patent Owner as follows:
`
`Vincent J. Rubino, III
`vrubino@fabricantllp.com
`Enrique Iturralde
`eiturralde@fabricantllp.com
`Peter Lambrianakos
`plambrianakos@fabricantllp.com
`Fabricant LLP
`
`DATED: NOVEMBER 20, 2020
`
`COOLEY LLP
`ATTN: Patent Docketing
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`
`
`
`
`
`
`

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